LIBRARY 

OF   THF, 

UNIVERSITY  OF  CALIFORNIA. 

GIFT  OF 


Accession     _85448  Cla*s 


THE  GENERAL  SCHOOL  LAWS 


OK  THE 


State  of  North  Dakota 


COMPRISING  AUu  THE  LAWS  IN  FORCE 

Pertaining  to  Public  Schools,   State  Educational  Institutions* 

School  Lands  and  Public  Lands  Appropriated  to  the  Use 

of  the  State  Educational  Institutions,   -vith 

APPENDICES 


COMPILED   AT    THK   OFFICE   OF   THE 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


F»TJBLISHBD   BY  AUTHORITY 


BISMARCK,  N.  D.: 

TRIBUNE,  STATB    PRINTKKS    AND    BINDKKS, 


THE  GENERAL  SCHOOL  LAWS 


OF   THE 


State  of  North  Dakota 


COMPRISING  ALIv  THE  LAWS  IN  FORCE 

Pertaining  to  Ptiblic  Schools,  State  Educational  Institutions, 
School  Lands  and  Public  Lands  Appropriated  to  the  Use     " 
of  the  State  Educational  Institutions,  with 

APPENDICES 


COMPILED   AT    THE   OFFICE   OF   THE 

SUPERINTENDENT  OP  PUBLIC  INSTRUCTION 

DECEMBER,  1899 


PUBLISHED    BY   AUTHORITY 


BISMARCK,  N.  D.: 

TRTRTTXR.   ST^TR    PfiTVTV.Rg    AND    BINDERS, 


THIS  VOLUME  IS  STATE  PROPERTY 

And  is  for  the  use  of  the ~ 

of School  District  No, 

County  of ,  State  of  North  Dakota. 


School  officers  on  retiring  from  office  are  required  by  law  to 
deliver  this  volume,  with  all  other  books  and  documents  of  an 
official  character,  to  their  successors  in  office. 


85448 


INTRODUCTORY. 


This  compilation  of  the  General  School  Laws  is  authorized  by 
section  631  of  the  Revised  Codes  of  1899,  and  is  designed  to  include 
all  pro  visions,  relating  to  education  at  present  in  force  which  make 
the  laws  governing  the  complete  school  system  of  the  state.  It 
embraces  the  laws  pertaining  to  the  public  schools,  the  state  educa- 
tional institutions,  and  the  lands  appropriated  to  the  use  of  the 
public  schools  and  the  state  educational  institutions. 

The  compilation  contains  all  general  laws  in  full  as  appear  in 
the  code.  Special  acts  are  referred  to  by  title  only. 

Special  laws,  designated  by  title  only,  laws  pertaining  to  specu- 
lation in  office  and  to  penalty  for  failure  to  make  reports,  the  filing 
of  bond  of  school  district  treasurer,  bonds  for  labor  and  material 
for  public  buildings  and  the  decisions  of  the  supreme  court  of  the 
territory  of  Dakota  and  of  the  state  of  North  Dakota  pertaining  to 
school  matters  are  to  be  found  in  the  appendices. 

A  calendar  will  also  be  found  in  the  appendices  which  may  be  of 
assistance  to  school  officers  in  the  timely  discharge  of  their  duties. 

JOHN  G.  HALLAND, 
Superintendent  of  Public  Instruction. 
Bismarck,  N.  D.,  December  1,  1899. 


CONSTITUTIONAL  PROVISIONS. 

[Adopted  October  1, 1889.] 


PREAMBLE. 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  establish 
this  Constitution. 

ARTICLE  H. 

THE    LEGISLATIVE    DEPARTMENT. 

Sec.  69.     The  legislative  assembly  shall  not  pass  local  or  special 

laws  in  any  of  the  following  enumerated  cases,  that  is  to  say : 

****** 

12.     Providing  for  the  management  of  common  schools. 

ARTICLE  III. 

EXECUTIVE    DEPARTMENT. 

Sec.  82.  There  shall  be  chosen  toy  the  qualified  electors  of  the 
state  at  the  time  and  places  of  choosing  members  of  the  legislative 
assembly  a  superintendent  Oif  public  instruc- 

tion who  shall  have  attained  the  age  of  twenty- 

five  years,  shall  be  a  citizen  of  the  United  States,  and  shall  have 
the  qualifications  of  state  electors.  They  shall  severally  hold  their 
offices  at  the  seat  of  government  for  the  term  of  two  years  and 
until  their  successors  are  elected  and  duly  qualified, 

Sec.  83.     The  powers  and  duties  o>f  the  superin- 

tendent of  public  instruction,  shall  be  as  prescribed 

by  law. 

Sec.  84.     Until  otherwise  provided  by  law,  the 
superintendent    of    public    instruction  shall    each 

receive  an  annual  salary  of  $2,000;  but  the  salary 

of  any  of  said  officers  shall  not  be  increased  or  diminished  during 
the  period  for  which  they  shall  have  been  elected,  and  all  fees  and 
profits  arising  from  any  of  the  said  offices  shall  be  covered  into  the 
state  treasurv. 


10  GENEKAL  SCHOOL  LAWS, 

ARTICLE  V. 

ELECTIVE   FRANCHISE. 

Sec.  121.  Every  male  person  of  the  age  of  twenty-one  years  or 
upwards  belonging  to  either  of  the  following  classes,  who  shall 
Jiave  resided  in  the  state  one  year,  in  the  county  six  months  and  in 
the  precinct  ninety  days  next  preceding  any  election,  shall  be 
deemed  a  qualified  elector  at  such  election. 

First — Citizens  of  the  United  States. 

Second — Persons  of  foreign  birth  who  shall  have  declared  their 
intention  to  become  citizens  one  year  and  not  more  than  six  years 
prior  to  such  election,  conformably  to  the  naturalization  laws  of  the 
United  States. 

Third — Civilized  persons  of  Indian  descent  who  shall  have  severed 
their  tribal  relation  two  years  next  preceding  such  election. 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  arrest  on 
the  days  of  election  during  their  attendance  at,  going  to  and  return- 
ing from  such  election,  and  no  elector  shall  be  obliged  to  perform 
military  duty  on  the  day  of  election  except  in  time  of  war  or  public 
danger. 

Sec.  125.  No  elector  shall  .be  deemed  to  have  lost  his  residence 
in  this  state  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  state  in  conse- 
quence of  his  being  stationed  therein. 

Sec.  127.  No  person  who  is  under  guardianship,  non  compos 
mentis  or  insane,  shall  be  qualified  to  vote  at  any  election,  nor 
shall  any  person  convicted  of  treason  or  felony,  unless  restored  to 
civil  rights. 

Sec.  128.  Any  woman  having  qualifications  enumerated  in  sec- 
tion 121  of  this  article  as  to  age,  residence  and  citizenship,  and  in- 
cluding those  now  qualified  by  the  laws  of  the  territory,  may  vote 
for  all  school  officers,  and  upon  all  questions  pertaining  solely  to 
school  matters,  and  be  eligible  to  any  school  office. 

Sec.  129.  All  elections  by  the  people  shall  be  by  secret  ballot 
subject  to  »uch  regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

Sec.  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  every  voter  in  a  government  by  the  people 
being  necessary  in  order  to  insure  the  continuance  of  that  govern- 
ment and  the  prosperity  and  happiness  of  the  people,  the  legislative 


STATE    OP    NORTH    DAKOTA. 


assembly  shall  make  provision  for  the  establishment  and  mainte- 
nance of  a  system  of  public  schools  which  shall  'be  open  to  all  child- 
ren of  the  state  of  North  Dakota  and  free  from  sectarian  control. 
The  legislative  requirements  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  North  Dakota. 

Sec.  148.  The  legislative  assembly  shall  provide  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution  for  a  uniform  system 
of  free  public  schools  throughout  the  state;  beginning  with  the 
primary  and  extending  through  all  grades  up  to  and  including  the 
normal  and  collegiate  course. 

Sec.  149.  In  all  schools  instruction  shall  be  given  as  far  as  prac- 
ticable in  those  branches  of  knowledge  that  tend  to  impress  upon 
the  mind  the  vital  importance  of  truthfulness,  temperance,  purity, 
public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps  as 
may  .be  necessary  to  prevent  illiteracy,  secure  a  reasonable  degree 
of  uniformity  in  course  of  study  and  to  promote  industrial,  scien- 
tific and  agricultural  improvement 

Sec.  152.  All  colleges,  universities  and  other  educational  insti- 
tutions, for  the  support  of  which  lands  have  been  granted  to  this 
state,  or  which  are  supported  by  a  public  tax,  shall  remain  under 
the  absolute  and  exclusive  control  of  the  state.  No  money  raised 
for  the  support  of  the  public  schools  of  the  state  shall  be  appro- 
priated to  or  used  for  the  support  of  any  sectarian  school. 

ARTICLE  IX. 

SCHOOL    AND    PUBLIC    LANDS. 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  heretofore 
been  or  may  hereafter  be  granted  by  the  United  States  for  the  sup- 
port of  the  common  schools  in  this  state;  all  such  per  centum  as 
may  be  granted  by  the  United  States  on  the  sale  of  public  lands; 
the  proceeds  of  property  that  shall  fall  to  the  state  by  escheat;  the 
proceeds  of  all  gifts  and  donations  to  the  state  for  common  schools, 
or  not  otherwise  appropriated  'by  the  terms  of  the  gift,  and  all 
other  property  otherwise  acquired  for  common  schools,  shall  be  and 
remain  a  perpetual  fund  for  the  maintenance  of  the  common  schools 
of  the  state.  It  shall  be  deemed  a  trust  fund,  the  principal  of 
which  shall  forever  remain  inviolate,  and  may  be  increased  but 
never  diminished.  The  state  shall  make  good  all  losses  thereof. 

Sec.  154.  The  interest  and  income  of  this  fund,  together  with  the 
net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all  other 
sums  which  may  be  added  thereto  by  law,  shall  be  faithfully  used 
and  applied  each  year  for  the  benefit  of  the  common  schools  of  the 
state,  and  shall  be  for  this  purpose  apportioned  among  and  between 


12  GENERAL  SCHOOL  LAWS, 

all  the  several  common  school  corporations  of  the  state  in  propor- 
tion to  the  number  of  children  in  each  of  school  age,  as  may  be 
fixed  by  law,  and  no  part  of  the  fund  shall  ever  be  diverted  even 
temporarily  from  this  purpose,  or  used  for  any  other  purpose  what- 
ever than  the  maintenance  of  common  schools  for  the  equal  benefit 
of  all  the  people  of  the  state;  provided,  however,  that  if  any  portion 
of  the  interest  or  income  aforesaid  be  not  expended  during  any 
year,  said  portion  shall  be  added  to  and  become  a  part  of  the  school 
fund. 

Sec.  155.  After  one  year  from  the  assembling  of  the  first  legis- 
lative assembly,  the  lands  granted  to  the  state  from  the  United 
States  for  the  support  of  the  common  schools,  may  be  sold  upon 
the  following  conditions,  and  no  other:  No  more  than  one-fourth 
of  all  such  lands  shall  be  sold  within  the  first  five  years  after  the 
same  become  saleable  by  virtue  of  this  section.  No  more  than 
one-half  of  the  remainder  within  ten  years  after  the  same  become 
saleable  as  aforesaid.  The  residue  may  be  sold  at  any  time  after 
the  expiration  of  said  ten  years.  The  legislative  assembly  shall 
provide  for  the  sale  of  all  school  lands  subject  to  the  provisions  of 
this  article.  The  coal  lands  of  the  state  shall  never  be  sold,  but 
the  legislative  assembly  may  iby  general  laws  provide  for  leasing 
of  the  same;  the  words  "coal  lands"  shall  include  lands  bearing 
lignite  coal. 

Sec.  156.  The  superintendent  of  public  instruction,  governor, 
attorney  general,  secretary  of  state  and  state  auditor  shall  con- 
stitute a  board  of  commissioners,  which  shall  toe  denominated  the 
"Board  of  University  and  School  Lands,"  and  subject  to  the  pro- 
visions of  this  article  and  any  law  that  may  ibe  passed  by  the  legis- 
lative assembly,  said  board  shall  have  control  of  the  appraisement, 
sale,  rental  and  disposal  of  all  school  and  university  lands,  and 
shall  direct  the  investment  of  the  funds  arising  therefrom  in  the 
hands  of  the  state  treasurer,  under  the  limitations  in  section  160 
of  this  article. 

Sec.  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor  shall  consti- 
tute boards  of  appraisal,  and  under  the  authority  of  the  state 
board  of  university  and  school  lands  shall  appraise  all  school  lands 
within  their  respective  counties,  which  they  may  from  time  to 
time  recommend  for  sale  at  their  actual  value,  under  the  prescribed 
terms,  and  shall  first  select  and  designate  for  sale  the  most  valu- 
able lands. 

Sec.  158.  No  lands  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash,  and  the  remaining 
four-fifths  as  follows:  One-fifth  in  five  years,  one-fifth  in  ten  years,, 
one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with  interest 
at  the  rate  of  not  less  than  six  per  centum,  payable  annually  in- 
advance.  All  sales  shall  be  held  at  the  county  seat  of  the  county 


STATE    OF    NORTH    DAKOTA.  13 

in  which  the  land  to  be  sold  is  situate,  and  shall  be  at  public  auc- 
tion, and  to  the  highest  bidder,  after  sixty  days'  advertisement  of 
the  same  in  a  newspaper  of  general  circulation  in  the  vicinity  of 
the  lands  to  be  sold,  and  one  at  the  seat  of  government.  Such 
lands  as  shall  not  have  been  specially  subdivided  shall  be  offered  in 
tracts  of  one-quarter  section,  and  those  so  subdivided  in  the  small- 
est subdivisions.  All  lands  designated  for  sale  and  not  sold  within 
two  years  after  appraisal  shall  be  re-appraised  before  they  are 
sold.  No  grant  or  patent  for  any  such  lands  shall  issue  until  pay- 
ment is  made  for  the  same;  provided,  that  the  lands  contracted  to 
be  sold  by  the  state  shall  be  subject  to  taxation  from  the  date  of 
such  contract.  In  case  the  taxes  assessed  against  any  of  said 
lands  for  any  year  remain  unpaid  until  the  first  Monday  in  October 
of  the  following  year,  then  and  thereupon  the  contract  of  sale  for 
such  lands  shall  become  null  and  void. 

Bee.  159.  All  lands,  money  or  other  property,  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a  univer- 
sity, school  of  mines,  reform  school,  agricultural  college,  deaf  and 
dumb  asylum,  normal  school,  or  other  educational  or  charitable 
institution  or  purpose,  and  the  proceeds  of  all  such  lands  and  other 
property  so  received  from  any  source,  shall  be  and  remain  perpetual 
funds,  the  interest  and  income  of  which  together  with  the  rents  of 
all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appropri- 
ated and  applied  to  the  specific  objects  of  the  original  grants  or 
gifts.  The  principal  of  every  such  fund  may  be  increased  but  shall 
never  be  diminished,  and  the  interest  and  income  only  shall  be 
used.  Every  such  fund  shall  be  deemed  a  trust  fund  held  by  the 
state,  and  the  state  shall  make  good  all  losses  thereof. 

Sec.  160.  All  lands  mentioned  in  the  preceding  section  shall  be 
appraised  and  sold  in  the  same  manner  and  under  the  same  limi- 
tations and  subject  to  all  the  conditions  as  to  price  and  sale  as  pro- 
vided above  for  the  appraisal  and  sale  of  lands  for  the  benefit  of 
common  schools;  but  a  distinct  and  separate  account  shall  be  kept 
by  the  proper  officers  of  each  of  said  funds ;  provided,  that  the  limi- 
tations as  to  the  time  in  which  school  land  may  be  sold  shall  apply 
only  to  lands  granted  for  the  support  of  common  schools. 

Sec.  161.  The  legislative  assembly  shall  have  authority  to  pro 
vide  by  law  for  the  leasing  of  lands  granted  to  the  state  for  educa- 
tional and  charitable  purposes;  but  no  such  law  shall  authorize  the 
leasing  of  said  lands  for  a  longer  period  than  five  years.  Said  lands 
shall  only  be  leased  for  pasturage  and  meadow  purposes,  and  at  a 
public  auction  after  notice  as  heretofore  provided  in  case  of  sale; 
provided,  that  all  of  said  school  lands  now  under  cultivation  may 
foe  leased  at  the  discretion  and  under  the  control  of  the  board  of 
university  and  school  lands  for  other  than  pasturage  and  meadow 
purposes  until  sold.  All  rents  shall  be  paid  in  advance. 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  onlv  in  bonds  of  school  cor- 


14  GENERAL  SCHOOL  LAWS, 

porations  within  the  state,  bonds  of  the  United  States,  bonds  of  the 
state  of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in  the 
state  not  exceeding  in  amount  one-third  of  the  actual  value  of  any 
subdivision  on  which  the  same  may  be  loaned,  such  value  to  be 
determined  by  the  board  of  appraisers  o>f  school  lands. 

Sec.  163.  No  law  shall  ever  be  passed  by  the  legislative  assem- 
bly granting  to  any  person,  corporation  or  association  any  privileges 
by  reason  of  the  occupation,  cultivation  or  improvement  of  any 
public  lands  by  said  person,  corporation  or  association  subsequent 
to  the  survey  thereof  by  the  general  government.  No  claim  for 
the  occupation,  cultivation  or  improvement  of  any  public  lands 
shall  ever  be  recognized,  nor  shall  such  occupation,  cultivation  or 
improvement  of  any  public  lands  ever  be  used  to  diminish,  either 
directly  or  indirectly,  the  purchase  price  of  said  lands. 

Sec.  164.  The  legislative  assembly  shall  have  authority  to  pro- 
vide by  law  for  the  sale  or  disposal  of  all  public  lands  that  have 
been  heretofore,  or  may  hereafter  be  granted  by  the  United  States 
to  the  state  for  purposes  other  than  set  forth  and  named  in  sections 
153  and  159  of  this  article.  And  the  legislative  assembly,  in  pro- 
viding for  the  appraisement,  sale,  rental  and  disposal  of  the  same, 
shall  not  be  subject  to  the  provisions  and  limitations  of  this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws  for 
the  safe-keeping,  transfer  and  disbursement  of  the  state  school 
funds,  and  shall  require  all  officers  charged  with  the  same  or  the  safe- 
keeping thereof  to  give  ample  bonds  for  all  moneys  and  funds  re- 
ceived by  them,  and  if  any  of  said  officers  shall  convert  to  his  own 
use  in  any  manner  or  form,  or  shall  loan,  with  or  without  interest 
or  shall  deposit  in  his  own  name,  or  otherwise  than  in  the  name  of 
the  state  of  North  Dakota,  or  shall  deposit  in  any  banks  or  with  any 
person  or  persons,  or  exchange  for  other  funds  or  property  any 
portion  of  the  school  funds  aforesaid,  or  purposely  allow  any  por- 
tion of  the  same  to  remain  in  his  own  hands  uninvested  except  in 
the  manner  prescribed  by  law,  every  such  act  shall  constitute  an 
embezzlement  of  so  much  of  the  aforesaid  school  funds  as  shall  be 
thus  taken  or  loaned,  or  deposited,  or  exchanged,  or  withheld,  and 
shall  be  a  felony;  and  any  failure  to  pay  over,  produce  or  account 
for  the  state  school  funds  or  any  part  of  the  same  entrusted  to  any 
such  officer,  as  by  law  required  or  demanded,  shall  be  held  and  be 
taken  to  be  prima  facie  evidence  of  such  embezzlement. 

ARTICLE  XII. 

PUBLIC   DEBT   AND   PUBLIC   WORKS. 

Sec.  183.  The  debt  of  any  county,  township,  town,  school  district 
or  any  other  political  subdivision,  shall  never  exceed  five  per 
centum  upon  the  assessed  value  of  the  taxable  property  therein; 
provided,  that  any  incorporated  city  may  by  a  two-thirds  vote  in- 
crease such  indebtedness  three  per  centum  on  such  assessed  value 
beyond  «aid  five  per  cent  limit.  In  estimating  the  indebtedness 


STATE    OF    NORTH    DAKOTA. 


which  a  city,  county,  township,  school  district  or  any  other  political 
subdivision  may  incur,  the  entire  amount  of  existing  indebtedness,. 
whether  contracted  prior  or  subsequent  to  the  adoption  of  this  con- 
stitution shall  be  included;  All  bonds  or  obligations 

in  excess  of  the  amount  of  indebtedness  permitted  by  this  constitu- 
tion, given  by  any  city,  county,  township,  town,  school  district  or 
other  political  subdivision,  shall  be  void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district,  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at  or 
before  the  time  of  so  doing,  provide  for  the  collection  of  an  annual 
tax  sufficient  to  pay  the  interest  and  also  the  principal  thereof  when 
due,  and  all  laws  or  ordinances  providing  for  the  payment  of  the 
interest  or  principal  of  any  debt  shall  be  irrepealabie  until  such 
debt  be  paid. 

Sec.  185.  Neither  the  state  nor  any  county,  city,  township,  town, 
school  district  or  any  other  political  subdivision  shall  loan  or  give 
its  credit  or  make  donations  to  or  in  aid  of  any  individual,  associa- 
tion or  corporation,  except  for  necessary  support  of  the  poor,  nor 
subscribe  to  or  become  the  owner  of  the  capital  stock  of  any  asso- 
ciation or  corporation,  *  *  *  * 

Sec.  186.  No  bills,  claims,  accounts  or  de- 

mands against  the  state,  or  any  county  or  other  political  subdi- 
vision, shall  be  audited,  allowed  or  paid  until  a  full  itemized  state- 
ment in  writing  shall  be  filed  with  the  officer  or  officers  whose  duty 
it  may  'be  to  audit  the  same. 

Sec.  187.  No  bond  or  evidence  of  debt  of  any 

county,  or  bond  of  any  township  or  other  political  subdivision,  shall 
be  valid  unless  the  same  have  endorsed  thereon  a  certificate  signed 
by  the  county  auditor,  or  other  officer  authorized  by  law  to  sign 
such  certificate,  stating  that  said  bond,  or  evidence  of  debt,  is  issued 
pursuant  to  law  and  is  within  the  debt  limit. 

AKTICLE  XIX. 

PUBLIC    INSTITUTIONS. 

Sec.  215.  The  following  public  institutions  of  the  state  are  per- 
manently located  at  the  places  hereinafter  named,  each  to  have 
the  lands  specifically  granted  to  it  by  the  United  States  in  the  act  of 
congress  approved  February  22,  1889,  to  be  disposed  of  and  used  in 
such  manner  as  the  legislative  assembly  may  prescribe,  subject  to 
the  limitations  provided  in  the  article  on  school  and  public  lands 
contained  in  this  Constitution: 

Second  —  The  state  university  and  the  school  of  mines  at  the  city 
of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third  —  The  agricultural  college  at  the  city  of  Fargo,  in  the  county 
of  Oass. 

Fourth  —  A  state  normal  school  at  the  city  of  Valley  City,  in  the 
county  of  Barnes;  and  the  legislative  assembly  in  apportioning  the 


16  GENERAL  SCHOOL  LAWS, 


grant  of  80,000  acres  of  land  for  normal  schools  made  in  the  act  of 
congress  referred  to,  shall  grant  to  the  said  normal  school  at  Valley 
City  aforementioned  50,000  acres,  and  said  lands  are  hereby  appro- 
priated to  said  institution  for  that  purpose. 

Fifth — The  deaf  and  dumb  asylum  at  the  city  of  Devils  Lake  in 

the  county  of  Ramsey. 
******* 

Seventh — A  state  normal  school  at  the  city  of  Mayville  in  the 
county  of  Traill;  and  the  legislative  assembly  in  apportioning 
the  grant  of  land  made  by  congresis  in  the  act  aforesaid  for  state 
nomal  schools,  shall  assign  30,000  acres  to  the  institution  hereby 
located  at  Mayville,  and  said  lands  are  hereby  appropriated  for 
said  purpose. 

Sec.  216.  The  following  named  public  institutions  are  hereby 
permanently  located  as  hereinafter  provided,  each  to  have  so 
much  of  the  remaining  grant  of  170,000  acres  of  land  made  by  the 
United  States  for  "other  educational  and  charitable  institutions," 
as  is  alloted  by  law,  viz. : 

Second — A  blind  asylum,  or  such  other  institution  as  the  legisla- 
tive assembly  may  determine,  at  such  «place  in  the  county  of  Pem- 
bina  as  the  qualified  electors  of  said  county  may  determine  at  an 
election  to  be  held  as  prescribed  by  the  legislative  assembly,  with 
a  giant  of  30,000  acres. 

Third — An  industrial  school  and  school  for  manual  training, 
or  such  other  educational  or  charitable  institution  as  the  legislative 
assembly  may  provide,  at  the  town  of  Ellendale,  in  the  county  of 
Dickey,  with  a  grant  of  40,000  acres. 

Fourth — A  school  of  forestry,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  one  of  the 
counties  of  McHenry,  Ward,  Bottineau  or  Rolette  as  the  electors 
of  said  counties  may  determine  by  an  election  for  that  purpose, 
to  'be  held  as  provided  by  the  legislative  assembly. 

Fifth — A  scientific  school,  or  such  other  educational  or  char- 
itable institution  as  the  legislative  assembly  may  prescribe,  at  the 
city  of  Wahpeton,  county  of  Richland,  with  a  grant  of  40,000  acres ; 
provided,  that  no  other  institution  of  a  character  similar  to  any 
one  of  those  located  by  this  article  shall  be  established  or  main- 
tained without  a  revision  of  this  constitution. 


GENERAL   SCHOOL  LAWS 


OF  THE 


State  of  North  Dakota 


FROM  THE  REVISED  CODES  OF  1899. 


CHAPTER    9. 
AKTICLE  1. — SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  622.  Qualifications  of.  Term  of  office.  There  shall  be 
elected  by  the  qualified  electors  of  the  state  at  the  time  of  choosing 
members  of  the  legislative  assembly  a  superintendent  of  public 
instruction,  who  shall  have  attained  the  age  of  twenty-five  years, 
and  who  shall  have  the  qualifications  of  an  elector  for  that"  office 
and  the  holder  of  a  state  certificate  of  the  highest  grade,  issued 
in  some  state,  or  a  graduate  of  some  reputable  university,  college 
or  normal  school.  He  shall  hold  his  office  at  the  seat  of  govern- 
ment for  the  term  of  two  years  commencing,  on  the  first  Monday  in; 
January  following  his  election  and  until  his  successor  is  elected 
and  qualified. 

§  623.  To  preserve  miscellaneous  documents.  He  shall 
preserve  in  his  office  all  books,  maps,  charts,  works  on  education, 
school  reports  and  school  laws  of  other  states,  and  cities,  plans  for 
school  buildings  and  other  articles  of  educational  interest  and 
value  which  may  come  into  his  possession  as  such  officer,  and  at  the 
expiration  of  his  term  he  shall  deliver  them  together  with  the  re- 
ports, statements,  records  and  archives  of  his  office  to  his  successor. 


<;•!•:.  \KRAL     SCHOOL     LAWS. 


§  624.  Supervision  of  schools.  He  shall  have  the  general 
supervision  of  the  public  schools  of  the  state  and  shall  be  ex  of- 
ficio  member  of  the  board  of  university  and  school  lands  and  of  the 
normal  school  boards  of  the  state. 

§  625.  To  furnish  school  supplies,  blanks,  etc.,  and  to  estab- 
lish circulating  libraries.  He  shall  prepare,  cause  to  be  printed 
and  furnish  to  the  proper  officers  or  persons  all  district  clerks'  record 
books  and  warrant  books,  school  treasurers'  record  books,  school 
registers,  reports,  statements,  notices  and  returns  needed  or  re- 
quired to  be  used  in  the  schools  or  by  the  school  officers  of  the 
state.  He  shall  prepare  and  furnish  to  school  officers,  through  the 
county  superintendents,  lists  of  publications  approved  by  him  as 
suitable  for  district  libraries;  such  lists  shall  contain  also  the  low- 
est price  at-wrhich  each  publication  can  be  purchased  and  such 
other  information  relative  to  the  purchase  of  district  libraries  as  he 
may  deem  requisite.  He  shall  also  select  and  purchase  books  suit- 
able for  district  libraries,  and  cause  the  same  to  be  circulated  as 
traveling  libraries,  under  such  rules  and  regulations  as  he  may 
prescribe.  And  for  the  purpose  of  selecting  and  purchasing  such 
books  there  is  hereby  appropriated  the  sum  of  seven  hundred  and 
fifty  dollars  annually,  to  be  paid  by  warrant  of  the  state  auditor  on 
the  state  treasurer,  upon  the  presentation  of  itemized  bills  in  due 
form,  duly  approved  by  the  superintendent  of  public  instruction. 

§  626.  Examinations  and  teachers'  certificates.  He  shall 
prepare  or  cause  to  be  prepared  all  questions  to  be  used  in  the  ex- 
amination of  applicants  for  teachers'  certificates,  prescribe  the 
rules  and  regulations  for  conducting  such  examinations  and  issue 
or  revoke  state  certificates  as  provided  in  this  chapter. 

§  627.  Prescribe  course  of  study.  He  shall  prepare  and  pre- 
scribe a  course  of  study  for  all  the  public  and  normal  schools  of 
the  state  and  the  course  of  study,  training  and  practice  of  the  pro- 
fessional department  of  schools,  designated  and  supported  wholly 
or  in  part  by  the  state. 

§  628.  Rules  for  teachers'  institutes.  He  shall  pre- 
scribe rules  and  regulations  for  the  holding  of  teachers'  institutes 
and  teachers'  training  schools,  and  after  counseling  and  advising 
with  county  superintendents,  shall  appoint  conductors  therefor. 
He  shall  prescribe  the  course  of  instruction  for  teachers'  institutes 
and  for  teachers'  training  schools,  and  the  course  of  reading  for 
the  teachers'  reading  circles  within  the  state. 

§  629.  Advise  county  superintendents.  He  shall  counsel 
with  and  advise  county  superintendents  upon  all  matters  involving 
the  welfare  of  schools  and  he  shall,  when  requested,  give  them  writ- 
ten answers  to  all  questions  concerning  the  school  law.  He  shall 
decide  all  appeals  from  the  decision  of  the  county  superintendents, 
and  may  for  such  decisions  require  affidavits,  verified  statements  or 
sworn  testimony  as  to  the  facts  in  issue.  He  shall  prescribe  and 
cause  to  be  enforced  rules  of  practice  and  regulations  pertaining  to 


'.-HP. 


STATE    OF    NORTH    DAKOTA.  19 


the  hearing-  and  determination  of  appeals,  and  necessary  for*  carry- 
ing into  effect  the  school  laws  of  the  state. 

§  630.  Record  of  official  acts.  He  shall  keep  a  complete 
record  of  all  his  official  acts  and  shall  file  in  his  office  all  appeals 
and  the  papers  pertaining  thereto. 

§  631.  School  laws  to  be  printed.  He  shall  at  least  once  in 
two  years  cause  to  be  printed  the  school  laws  of  the  state,  with 
such  notes  and  decisions  thereon  as  may  seem  to  him  advisable,  and 
shall  furnish  them  as  they  are  needed  to  the  school  officers  in  the 
state. 

§632.  Conference  with  county  superintendents.  He  shall 
meet  the  county  superintendents  of  each  judicial  district  or  of  two 
or  more  districts  combined  at  such  time  and  place  a,s  he  shall  ap- 
point, giving  them  due  notice  of  such  meeting.  The  objects  of  such 
meeting  shall  be  to  accumulate  valuable  facts  relative  to  schools, 
to  compare  views,  to  discuss  principles,  to  hear  discussions,  and 
suggestions  relative  to  the  examinations  and  qualifications  of 
teachers,  methods  of  instruction,  text  books,  institutes,  visitation  of 
schools  and  other  matters  relating  to  the  public  schools. 

§  633.  Seal.  He  shall  provide  and  keep  a  seal  by  which  all  his 
official  acts  may  be  authenticated. 

§  634.  To  "assist  at  teachers'  institutes.  He  shall  when 
practicable,  attend  and  assist  at  teachers'  institutes  and  aid  and 
encourage  generally  teachers  in  qualifying  themselves  for  the  suc- 
cessful discharge  of  their  duties;  he  shall  labor  faithfully  in  all 
practicable  ways  for  the  welfare  of  the  public  schools  of  the  state, 
and  shall  perform  such  other  duties  as  shall  be  required  of  him  by 
law. 

§  635.  Biennial  report,  what  to  contain.  He  shall,  on  or 
before  the  first  day  of  November  preceding  the  biennial  session  of 
the  legislative  assembly,  make  and  transmit  to  the  governor  a  re- 
port, showing: 

1.  The  number  of  school  districts,  schools,  teachers  employed 
and  pupils  taught  therein  and  the  attendance  of  pupils  and  studies 
pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts  and  ex- 
penditures, value  of  school  houses  and  property,  cost  of  tuition  and 
wages  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the  normal  and 
higher  institutions  connected  with  the  school  system  of  the  state 
and  as  far  as  it  can  be  ascertained,  of  the  private  schools,  acad- 
emies and  colleges  in  the  state. 

4.  Such  general  matters,  information  and  recommendations  re- 
lating to  the  educational  interests  of  the  state,  as  he  may  deem  im- 
portant. 

§  636.  Reports  to  be  printed.  Two  thousand  copies  of 
the  report  of  the  superintendent  of  public  instruction  shall  be 
printed  biennially  in  the  month  of  December  preceding  the  session 
of  the  legislative  assembly.  One  copy  shall  be  furnished  to  each 


20  GENERAL  SCHOOL  LAWS, 

of  the.  members  of  the  legislative  assembly,  one  copy  to  each  county 
superintendent  of  the  state,  one  copy  to  the  president  of  each  school 
board,  one  copy  to  each  state  officer,  one  copy  to  each  state  and 
territorial  superintendent,  and  twenty  copies  shall  be  filed  in  the 
office  of  the  superintendent  of  public  instruction  and  ten  copies  in 
the  state  library.  The  remaining  copies  shall  be  distributed  among 
the  various  colleges,  universities  and  other  libraries  of  the  United 
States. 

§  637.  Salary,  traveling  expenses.  He  shall  receive  an 
annual  salary  of  two  thousand  dollars  and  in  addition  thereto  his 
actual  and  necessary  traveling  expenses  incurred  in  the  discharge 
of  his  official  duties,  not  exceeding  six  hundred  dollars  in  any  one 
year,  such  expenses  to  be  paid  monthly  on  the  warrant  of  the  state 
auditor  upon  his  filing  with  such  auditor  an  itemized  statemect  of 
such  expenses  properly  verified. 

ARTICLE  2 . — COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

§  638.  Election,  term  of  office.  There  shall  be  elected 
in  each  organized  county,  at  the  same  time  other  county  officers 
are  elected,  a  county  superintendent  of  schools,  whose  term  of  office 
shall  be  two  years,  commencing  on  the  first  Monday  in  January  fol- 
lowing his  election,  and  until  his  successor  is  elected  and  qualified. 
Any  voter  residing  in  an  independent  school  district,  organized 
under  a  special  act,  having  a  board  of  education  and  city  superin- 
tendent of  schools,  shall  not  be  qualified  to  vote  for  county  superin- 
tendent of  schools. 

§  639.  General  duties.  The  county  superintendent  of  schools 
shall  have  the  general  superintendence  of  the  public  schools  in 
his  county,  except  those  in  cities  which  are  organized  under  special 
law  and  those  in  special  or  independent  school  districts. 

§  640.  Visitation  of  schools.  He  shall  visit  each  public 
school  under  his  supervision.  He  shall  at  such  visit  carefully  ob- 
serve the  condition  of  the  school,  the  mental  and  moral  instruction 
given,  the  methods  of  teaching  employed  by  the  teacher,  the 
teacher's  ability  and  the  progress  of  the  pupils.  He  shall  advise 
and  direct  the  teacher  in  regard  to  the  instruction,  classification, 
government  and  discipline  of  the  school  and  the  course  of  rtudv. 
He  shall  keep  a  record  of  such  visits  and  by  memoranda  indicate 
his  judgment  of  the  teacher's  ability  to  teach  and  govern  and  the 
condition  and  progress  of  the  school,  which  shall  be  open  to  in- 
spection by  any  school  director. 

§  641.  General  duties.  He  shall  carry  into  effect  all  in- 
s<  ructions  of  the  superintendent  of  public  instruction  given 
within  his  authority.  He  shall  distribute  to  the  proper  officers  -md 
to  teachers  all  blanks  furnished  him  by  such  superintendent,  and 
needed  by  such  officers  and  teachers.  Acting  under  the  instruc- 
tions of  the  superintendent  of  public  instruction,  he  shall,  when 
expedient,  convene  the  teachers  of  his  county  at  least  one  Saturday 


STATE    OF    NORTH    DAKOTA.  21 

in  each  month  during  which  the  public  schools  are  in  progress,  or 
if  the  distance  is  too  great  he  may  convene  the  teachers  of  two  or 
more  districts  in  each  of  the  several  portions  of  his  county  in 
county  or  district  institutes,  or  teachers'  circles,  for  normal  instruc- 
tion and  the  study  of  methods  of  teaching,  organizing,  classifying 
and  governing  schools,  and  for  such  other  instruction  as  may  be 
set  forth  in  the  course  of  reading  prescribed  by  the  superintendent 
of  public  instruction  for  the  state  teachers'  reading  circle.  Each 
teacher  shall  attend  the  full  session  of  such  institute  or  circle  and 
participate  in  the  duties  and  exercises  thereof  or  forfeit  one  day's 
wages  for  each  day's  absence  therefrom,  unless  such  absence  is  oc- 
casioned by  sickness  of  the  teacher  or  others  to  whom  his  attention 
is  due;  but  when,  on  account  of  distance  or  otherwise,  it  would  im- 
pose a  hardship  upon  any  teacher  to  attend,  or  would  cause  such 
teacher  to  neglect  his  school,  the  count}7  superintendent  may  excuse 
such  teacher  from  attendance,. 

§  642.  Record  of  official  acts.  He  shall  keep  a  record  of 
all  his  official  acts,  and  shall  preserve  all  books,  maps,  charts  and 
apparatus  sent  him  as  a  school  officer,  or  belonging  to  his  office. 
He  shall  file  all  reports  and  statements  from  teachers  and  school 
boards  and  shall  turn  them  over  to  his  successor  in  office.  He 
shall  be  provided  with  a  seal  by  which  his  official  acts  may  be 
authenticated. 

§  643.  Meetings  with  school  officers.  He  may  arrange  for 
meetings  with  schools  officers  at  designated  times  and  places,  due 
notice  of  which  has  been  given,  for  the  purpose  of  inspecting  the 
district  records  and  instructing  in  the  manner  of  keeping  the  same 
and  of  preparing  the  reports  of  district  officers.  He  shall  visit  the 
officers  of  the  several  school  districts  as  often  as  may  be  necessary 
to  secure  the  correct  keeping  of  the  records.  He  shall,  on  or  before 
the  first  day  of  April  in  each  year,  prepare  and  furnish  to  the  sev- 
eral assessors  of  the  county  a  correct  sectional  map  of  their  respec- 
tive districts,  showing  the  boundaries  and  names  or  numbers  of  all 
school  districts  therein. 

§  644.  To  decide  questions  in  controversy.  He  shall 
decide  all  matters  in  controversy  arising  in  his  county  in  the  ad- 
ministration of  the  school  law  or  appealed  to  him  from  the  decis- 
ions of  school  officers  or  boards.  An  appeal  may  be  taken  from  his 
decision  to  the  superintendent  of  public  instruction,  in  which  case 
a  full  written  statement  of  the  facts,  together  with  the  testimony 
and  his  decision  in  the  case  shall  be  certified  to  the  superintendent 
of  public  instruction  for  his  decision  in  the  matter,  which  decision 
shall  be  final,  subject  to  adjudication  or  the  proper  legal  remedies 
in  the  courts. 

§  645.  Power  to  administer  oaths.  He  shall  have  power  to 
administer  oaths  of  office  to  all  subordinate  school  officers,  and  to 
witnesses  and  to  examine  them  under  oath  in  all  controversies 
pending  before  him  arising  in  the  administration  of  the  school 
laws;  but  he  shall  not  receive  pay  for  administering  such  oaths. 


22  GENERAL   SCHOOL  LAWS, 

§  646.  Institute  fund,  how  raised  and  used.  All  funds  re- 
ceived by  him  for  the  examination  of  teachers  shall  be  turned  over 
to  the  county  treasurer,  who  shall  keep  the  same  as  a  special  fund 
to  be  known  as  the  "Institute  Fund,"  and  which  shall  be  used  only 
for  the  expenses  of  holding  county  teachers'  institutes,  or  support- 
ing teachers'  training  schools,  to  be  paid  out  upon  proper  war- 
rants issued  by  the  county  auditor  upon  the  sworn  and  itemized 
voucher  of  the  county  superintendent. 

§  647.  Apportionment  of  state  tuition  fund.  He  shall 
make  apportionment  of  the  state  tuition  fund  among  the  school 
corporations  of  the  county,  as  provided  in  this  chapter. 

§  648.  Teacher's  certificate  may  be  revoked,  when.  He 
shall  see  that  the  pupils  are  instructed  in  the  several  branches  of 
study  required  by  law  to  be  taught  in  the  schools  as  far  as  they  are 
qualified  to  pursue  them.  If  any  teacher  neglects  or  refuses  to  give 
instruction  as  required  by  law  in  physiology  and  hygiene,  and  the 
nature  and  effect  of  alcoholic  drinks,  narcotics  and  stimulants,  the 
county  superintendent  shall  promptly  revoke  such  teacher's  certifi- 
cate and  cause  him  to  be  discharged.  If  the  teacher,  so  neglecting 
01*  refusing  to  give  instructions  in  such  branches,  holds  a  state 
certificate,  the  county  superintendent  shall  immediately  certify  such 
refusal  or  neglect  to  the  superintendent  of  public  instruction. 

§  649.  Report  to  state  superintendent.  He  shall,  011  or 
before  the  fifteenth  day  of  September  in  each  year,  make  and  trans- 
mit a  report  to  the  superintendent  of  public  instruction,  containing 
such  statistics,  items  and  statements  relative  to  the  schools  of  the 
county,  as  may  be  required  by  such  superintendent.  Such  report 
shall  be  made  upon  and  conform  to  the  blanks  furnished  by  the  sup- 
erintendent of  public  instruction  for  that  purpose.  He  shall  not 
be  paid  his  salary  for  the  last  quarter  of  his  official  year  until  he 
presents  to 'the  county  commissioners,  the  receipts  of  the  superin- 
tendent of  public  instruction  for  such  annual  report. 

§  650.  Appraisement  of  school  lands.  Fees.  He  shall 
perform  such  duties  as  appraiser  of  the  school  lands  in  his  county, 
and  also  in  the  leasing  and  sale  of  such  lands,  as  may  be  required 
of  him  by  the  board  of  university  and  school  lands.  He  shall  be 
paid  for  such  services  three  dollars  a  day  for  the  time  actually  em- 
ployed therein  and  five  cents  a  mile  for  the  distance  actually  and 
necessarily  traveled  in  the  discharge  of  such  duties,  to  be  paid  by 
the  state  treasurer  out  of  the  funds  appropriated  for  the  current 
expenses  of  the  board  of  university  and  school  lands. 

§  651.  Ofiice,  postage  and  'stationery.  He  may  provide 
for  himself  a  suitable  office  for  the  transaction  of  official  business 
when  not  provided  therewith  by  the  county  commissioners,  and 
such  commissioners  shall  audit  and  pay  his  reasonable  accounts  for 
the  use  and  furniture  of  such  office.  'They  shall  also  furnish  him 
with  all  neccsxary  books,  stationery  and  postage. 

g  652.  Salary.  Deputy.  Traveling  expenses.  The  salary 
of  the  county  superintendent  of  schools  shall  be  as  follows:  In 


STATE    OF    NORTH    DAKOTA.  23 


each  county  having  one  school  and  not  over  five,  one  hundred  dol- 
lars; six  schools  and  not  over  ten,  two  hundred  dollars;  eleven 
schools  and  not  over  fifteen,  three  hundred  dollars;  sixteen  schools 
and  not  over  twenty,  four  hundred  dollars;  twenty-one  schools  and 
not  over  twenty  -five,  five  hundred  dollars;  twenty-six  schools  and  not 
over  thirty,  six  hundred  dollars;  thirty -one  schools  and  not  over 
thirty-five,  seven  hundred  dollars;  thirty-six  schools  and  not  over 
forty,  eight  hundred  dollars;  forty-one  schools  and  not  over  fifty, 
nine  hundred  dollars;  and  for  each  additional  school  ten  dollars  ad- 
ditional; provided,  that  in  computing  the  salary  of  such  superin- 
tendent no  school  shall  be  included  unless  the  .same  shall  have 
been  taught  at  least  three  months  during  the  preceding  year;  pro- 
vided, further,  that  such  salaries  shall  not  exceed  fifteen  hundred 
dollars  in  any  county.  In  addition  thereto,  he  shall  receive  seven 
cents  a  mile  for  the  distance  actually  and  necessarily  traveled  by 
him  in  the  discharge  of  his  duties.  He  shall,  at  the  end  of  evei*y 
three  months,  make  and  furnish  to  the  county  commissioners  an 
itemized  statement  of  the  distance  so  traveled  in  the  discharge  of 
his  duties,  which  shall  be  audited  and  ordered  paid  by  the  board  of 
county  commis'sioners.  The  amount  of  his  salary  shall  be  deter- 
mined each  year  by  the  actual  number  of  schools  or  separate  depart- 
ments in  graded  schools  over  which  such  superintendent  had  official 
supervision  during  the  preceding  year,  and  the  same  shall  be  paid 
out  of  the  county  general  fund  monthly  upon  the  warrant  of  the 
county  auditor.  In  each  county,  which  shall  be  organized  for 
school  purposes  after  the  adoption  of  this  code,  the  county  superin- 
tendent shall  be  paid  a  salary  at  the  rate  of  one  hundred  dollars 
a  year  until  the  first  Monday  in  October  next  following  his  election, 
after  which  his  salary  shall  be  as  provided  for  in  this  section.  The 
county  superintendent  may  appoint  a  deputy  who  shall  perform  the 
duties  of  the  county  superintendent  during  his  absence  from  the 
county;  but  no  additional  salary  shall  be  paid  such  deputy  except  in 
counties  having  sixty  or  more  'schools.  In  counties  having  sixty 
schools  the  board  of  county  commissioners  shall  appropriate  one 
hundred  dollars  for  clerical  assistance  in  the  county  superintend- 
ent's office  and  five  dollars  for  each  additional  school,  to  be  paid 
monthly;  provided,  that  not  more  than  six  hundred  dollars  shall  be 
appropriated  for  clerical  assistance  in  any  one  year. 

§  653.  Qualifications  of.  No  person  shall' be  deemed  qualified 
for  the  office  of  county  superintendent,  unless  he  holds  a  certificate 
of  the  highest  county  grade  or  its  equivalent. 

§  654.  Shall  not  engage  in  teaching.  No  county  superin- 
tendent of  schools,  except  as  hereinafter  provided,  shall  engage  in 
teaching  during  the  term  for  which  he  was  elected,  nor  shall  any 
person  under  contract  to  teach  be  qualified  to  hold  the  office  of 
county  superintendent  of  'schools. 

§  655.  Shall  not  absent  himself  from  county.  No  comity 
superintendent  of  schools  shall  engage  in  any  profession  or  occupa- 
tion, nor  shall  he  absent  himself  from  the  county  or  district  for 


24  (JKXKUAL     SCHOOL     LAWS. 

which  he  is  elected  to  engage  in  any  occupation,  profession  or  pur- 
suit during  the  term  for  which  he  is  elected  for  such  time  and  in 
such  manner  as  to  interfere  with  the  proper  discharge  of  his  duties 
as  county  superintendentof  schools. 

§  656.  Subject  to  removal.  Any  county  superintendent  of 
schools  who  neglects  or  violates  any  of  the  provisions  of  sections 
654  and  655  shall  be  subject  to  removal  from  office. 

§  657.  Not  applicable  in  every  county.  None  of  the  pro- 
visions of  sections  654  and  655  shall  be  applicable  to  counties  in 
which  the  salary  of  county  superintendents  of  schools  is  less  than 
twelve  hundred  dollars  per  annum. 

ARTICLE  3. — SCHOOL  DISTRICTS. 

§  658.  What  constitutes  a  school  corporation.  Each  civil 
township  in  the  state,  not  organized  for  school  purposes  under  the 
district  system  at  the  taking  effect  of  this  code,  shall  be  and  is 
hereby  constituted  a  distinct  school  corporation,  and  whenever  in 
any  county  a  civil  township  shall  hereafter  be  organized  it  shall 
from  and  after  such  organization  be  and  constitute  a  distinct 
school  corporation,  except  as  otherwise  specially  provided  in  this 
chapter. 

§  659.  School  township  to  conform  to  civil  township 
when  possible.  Each  school  township  in  every  county  in  the 
state,  which  at  the  taking  effect  of  this  code  consists  of  territory  not 
organized  into  a  civil  township,  shall  be  and  remain  a  distinct 
school  corporation;  provided,  that  whenever  such  school  township, 
or  any  part  thereof,  shall  be  organized  into  or  annexed  to  a  civil 
township,  such  civil  township  shall  thenceforth  constitute  a  distinct 
school  corporation;  but  nothing  in  this  section  shall  be  construed 
to  alter  the  boundary  lines  of  any  school  township  organized  prior 
to  the  passage  of  this  code,  except  upon  petition  as  hereinafter  pro- 
vided. 

§  660.  What  territory  may  be  organized  into  district 
school  corporations.  The  county  commissioners  of  each  county 
in  which  there  is  territory  npt  organized  for  school  purposes  at  the 
taking  effect  of  this  article,  may  organize  into  a  district  school  cor- 
poration any  territory  not,  at  the  taking  effect  of  this  article,  al- 
ready organized  into  a  civil  township  or  a  school  township,  upon  be- 
ing petitioned  to  do  so  by  one-third  of  the  residents  of  such  terri- 
tory, having  the  care  or  custody  of  any  child  of  school  age;  pro- 
vided, such  territory  shall  consist  of  not  less  than  one  congressional 
township,  and  having  not  less  than  ten  children  of  school  age  resid- 
ing therein.  The  county  commissioners  of  every  such  county,  with 
the  advice  and  consent  of  the  county  superintendent  may  rearrange 
the  boundaries  in  any  school  corporation  whose  territory  is  not  'in- 
cluded within  a  civil  township,  when  petitioned  to  do  so  by  a  ma- 
jority of  the  voters  residing  within  such  school  corporation,  whose 
boundaries  will  be  affected  thereby,  subject  to  the  same  restrictions 
;m<l  conditions  as  to  extent  of  territory  and  number  of  resident 


STATE    OF    NORTH    DAKOTA.  25 

• 

children  of  school  age  as  in  the  organization  of  a  school  corporation 
from  territory  not  included  in  a  civil  township.  In  the  formation 
of  school  corporations  and  the  rearrangement  of  their  boundaries 
as  provided  for  in  this  section,  the  boundary  lines  of  congressional 
townships  shall  be  followed  as  far  as  possible  as  school  corporation 
lines;  provided,  that  in  case  any  school  township,  containing  a  city 
of  eight  hundred  inhabitants  or  more,  and  which  is  not  organized 
.as  an  independent  school  district,  said  township  outside  of  said 
-city,  may,  on  petition  to  the  county  superintendent  of  schools,  a 
petition  of  at  least  two-thirds  of  the  legal  voters  of  such  township 
outside  the  limits  of  such  city,  organize  a  school  township,  aud 
when  such  petition  is  filed,  the  county  superintendent  of  schools 
shall  proceed  to  call  a  first  election  as  provided  in  article  4  of  this 
chapter. 

§  661.  New  school  districts,  how  formed.  In  any  county 
hereafter  organized  the  county  commissioners  shall  so  divide  the 
-county  or  the  parts  thereof,  which  include  every  congressional 
township  in  such  county  which  has  residing  therein  not  less  than 
ten  children  of  school  age,  into  school  corporations  as  will  best  pro- 
mote the  permanent  interests  of  public  schools  in  the  county,  upon 
the  same  petition  and  subject  to  the  same  condition  and  restrictions 
as  are  contained  in  section  660. 

§  662.  When  school  corporations  may  be  divided  and 
attached  to  other  districts.  If  a  portion  of  any  such  school 
corporation  having  not  more  than  ten  children  of  school  age  re- 
siding therein  is  separated  from  the  other  portion  of  such  corpora- 
tion by  any  natural  obstacle  which  practically  prevents  such  chil- 
dren from  attending  school  in  such  other  portion,  the  county  com- 
missioners of  the  county  may  annex  such  portion  so  separated  to  an 
-adjoining  school  corporation,  and  the  portion  so  annexed  shall  con- 
stitute a  part  of  such  adjacent  corporation.  If  such  adjacent  cor- 
poration lies  in  another  county,  the  county  commissioners  of  the 
two  counties  may  jointly  make  such  annexation. 

§  663.  Annexation*  of  school  corporations.  In  any  county 
not  organized  for  school  purposes  under  the  district  system  at  the 
taking  effect  of  this  code,  if  a  town  or  village  not  organized  into  a 
special  district  is  divided  by  a  civil  township  line  or  if  such  town  or 
village  is  divided  by  any  county  line,  the  county  commissoners  of 
such  county,  or  the  county  commissioners  of  such  adjacent  counties 
acting  in  joint  session,  as  the  case  may  be,  may  when  petitioned  so 
to  do  by  a  majority  of  the  voters  of  each  part  of  said  town  or  vil- 
lage, annex  one  part  of  such  town  or  village  to  the  adjacent  school 
corporation  which  includes  the  other  part  of  such  town  or  village 
and  the  part  so  annexed  shall  constitute  a  portion  of  i>uch  adjacent 
corporation. 

§  664.  When  civil  townships  may  consolidate  into  school 
district.  In  any  county  not  organized  for  school  purposes  under  the 
district  system  at  the  taking  effect  of  this  code,  if  a  civil  township 
having  less  than  fifteen  persons  of  school  age  residing  therein,  by 


26  UK'XERAI,     SCHOOL     LAWS, 

• 

reason  of  the  irregular  course  of  natural  boundary,  contains  less 
than  twelve  sections  or  square  miles  of  territory,  it  shall  constitute 
a  portion  of  the  adjacent  school  district  with  which  it  has  the  long- 
est common  boundary  line. 

§  665.  School  districts,  how  named.  Each  school  corpora- 
tion constituted  or  formed  under  the  provisions  of  this  -irticle,  shall 
be  designated  a  school  district  as  distinguished  from  a  civil  town- 
ship or  congressional  township  and  shall  be  named  as  follows: 
Each  school  district  which  consists  of  a  civil  township  shall  be 

named  " school  district  of county,  state  of  North 

Dakota,"  with  the  name  of  the  civil  township  which  constitutes  the 
districts  inserted  in  the  blank  before  the  word  "school,''  and  the 
taame  of  the  county  in  which  it  is  situated  inserted  before  the  word 
"county."  Each  school  district  which  consists  of  territory  not  or- 
ganized into  a  civil  township,  but  which  has  been  named  by  a  dis- 
tinctive name  shall  have  such  distinctive  name  inserted  in  the  blank 
before  the  word  "school."  Each  school  district  consisting  of  terri- 
tory not  organized  into  a  civil  township  which  has  no  distinctive 

name  shall  be  named  "school  district  No of county,. 

state  of  North  Dakota,"  with  its  proper  n amber  inserted  in  the 
blank  after  the  word  "number,"  and  the  proper  name  of  the  county 
inserted  in  the  blank  before  the  word  "county;"  provided,  that  in 
each  county  organized  for  school  purposes  under  the  district  sys- 
tem at  the  taking  effect  of  this  code,  the  several  school  districts 
shall  retain  and  be  known  by  the  number  which  they  have  respec- 
tively at  the  time  of  the  taking  effect  of  this  code  and  any  school 
district  hereafter  formed  in  any  such  county  shall  be  knowrn  by  the 
number  next  higher  than  that  of  the  highest  pre-existing  numbered 
district. 

§  666.  When  boundaries  to  be  rearranged  and  estab- 
lished and  how.  The  county  commissioners  and  county  superin- 
tendent of  schools  in  each  county,  which  at  the  taking  effect  of  this 
code  is  organized  for  school  purposes  under  the  district  system, 
shall  meet  on  the  first  Monday  in  May,  A.  D.  1896.  %t  the  place- 
where  the  meetings  of  such  commissioners  are  usually  held  and 
shall  rearrange  and  establish  the  boundaries  of  the  several  school 
districts  of  the  county  unless  the  same  has  already  been  done,  as 
follows: 

1.  Each  civil  township  in  a  county,  no  part  of  which  is  included 
in  a  school  district  already  organized,  shall  be  formed  into  a  single 
school  district. 

2.  Each  congressional  township  in  the  county,  no  part  of  which 
is  included  in  a  civil  township  nor  in  an  organized  school  district, 
if  it  contains  twelve  or  more  persons  of  school  age,  shall  be  formed 
into  a  single  school  district. 

3.  All  territory  in  a  county  situated  in  a  civil  township,  part  of 
which  is  organized  into  a  school  district  or  situated  in  a  congress- 
ional township  not  included  in  a  civil  township,  and  a  portion  of 
which  is  organized  into  a  school  district  shall  be  annexed  to  and 


STATE    OF    NORTH    DAKOTA.  2T 


form  a  part  of  the  organized  school  district  lying  wholly  or  in  part 
in  such  civil  or  congressional  township. 

4.  Each  school  district  now  organized  which  has  less  than  tern 
persons  of  school  age  residing  therein  shall  be  annexed  to  and  form, 
a  part  of  such  adjacent  school  district  as  shall  be  most  convenient 
for  such  persons  of  school  age,  when  in  the  judgment  of  such  com- 
missioners and  superintendent  such  annexation  can  be  made  with- 
out detriment  to  the  school  or  to  the  pupils  residing  in  such  district.. 

5.  The  boundary  lines  of  each  school  district  wrhich  lies  partly- 
wTithin  two  or  more  civil  townships  shall  be  so  changed  that  such, 
school  district  shall  lie  wholly  within  one  civil  township,  so  far  as* 
in  the  judgment  of  such  commissioners  and  superintendent  suchi 
change  can  be  made  without  detriment  to  the  schools  or  to  the  pu- 
pils therein. 

6.  Such   commissioners    and    superintendent   shall    make   suchi 
changes  generally  in  the  boundary  lines  of  the  school  districts  of* 
the  county,  not  in  their  judgment  detrimental  to  the  interests  of  the- 
schools  of  the  county  as  will  reduce  the  number  of  school  districts 
in  the  county,  and  form  school  districts  not  extending  beyond  the- 
boundaries  of  the  civil  township. 

§  667.  Boundaries,  how  changed  in  future.  After  the> 
boundary  lines  of  the  several  school  districts  in  any  of  the  said 
counties  are  rearranged  and  established  as  provided  for  in  the  last 
preceding  section  of  this  article,  such  boundary  so  established  may 
be  changed  by  the  county  commissioners  and  superintendent  or 
schools  of  such  county  at  any  regular  session  of  such  commissioners 
upon  a  petition  for  such  change  signed  by  one-third  of  the  votersv 
residing  in  each  district,  whose  boundaries  will  be  affected  by  suchi 
change,  if  in  the  judgment  of  the  commissioners  and  superintend- 
ent such  change  is  for  the  best  interests  of  the  schools;  provided,, 
that  by  such  change  or  changes  no  new  district  shall  be  formed,, 
nor  shall  the  number  of  school  districts  in  the  county  be  increased;-, 
provided  further,  that  each  congressional  township,  not  wholly  or 
in  part  included  in  a  civil  township,  and  no  part  of  which  is  organ- 
ized for  school  purposes,  shall  be  formed  into  a  school  district  as 
soon  as  it  shall  have  residing  therein  twelve  or  more  children  of 
school  age. 

§  668.  Rights  and  powers  of  school  corporations.  Eacb 
school  district  constituted  and  formed  as  provided  in  this  article- 
shall  be  a  distinct  corporation,  and  under  its  proper  name  or  num- 
ber as  such  corporation,  may  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  may  acquire,  purchase,  hold  and  use  personal  or 
real  property  for  school  purposes  or  for  the  purposes  mentioned  in 
this  chapter  and  sell  and  dispose  of  the  same. 

§  669.  Plats  of  school  districts  to  be  furnished  by  county 
auditor.  The  county  auditor  shall,  within  thirty  days  after  the  first 
school  election  held  as  provided  herein,  transmit  to  the  state  audi- 
tor, to  the  superintendent  of  public  instruction  and  to  the  county- 
superintendent,  a  plat  of  the  county  showing  the  boundaries  and 


28  GENERAL  SCHOOL  LAWS. 

'name  of  each  school  corporation  therein,  and  shall  record  a  copy 
>of  the  same,  together  with  all  proceedings  of  the  county  board  had 
;and  done  under  this  chapter  in  a  proper  book  kept  for  that  purpose. 
He  shall  promptly  furnish  such  officers  with  a  correct  plat  showing 
.any  changes  at  any  time  in  the  boundaries  of  school  corporations. 
The  superintendent  of  public  instruction  shall  furnish  instructions 
for  the  suitable  preparation  and  construction  of  such  plats  in  regard 
to  scale  and  markings,  in  order  to  secure  a  uniform  series  of  maps 
for  binding  for  office  use. 

§  669 a.  Legalizing  irregularities.  All  school  districts, 
whether  duly  and  legally  organized  under  the  provisions  of  statutes 
•or  not,  which  for  the  eight  years  last  past  have  had  a  defacto  or- 
ganization, are  hereby  declared  to  be  legally  organized  and  are 
.authorized  to  exercise  all  the  functions  of  school  districts  which 
have  been  duly  and  legally  organized  as  provided  by  statute,  with 
the  boundaries  which  they  may  have  at  the  time  of  the  going  into 
•effect  of  this  article,'  and  all  contracts  or  obligations  of  said  dis- 
tricts, and  the  acts  of  the  officials  thereof,  are  hereby  ratified  and 
confirmed  in  so  far  as  to  give  them  the  same  validity  which  they 
would  have  had  if  said  districts  had  been  legally  organized. 

ARTICLE  4. — ELECTION  OF  SCHOOL  OFFICERS. 

§  670.  Officers  to  be  elected.  On  the  third  Tuesday  in  June 
of  each  year  there  shall  be  elected  one  school  director  for  the  term 
of  three  years  and  on  the  third  Tuesday  in  June  of  each  even  num- 
bered year  a  scfrool  treasurer  for  the  term  of  two  years.  Such  of- 
ficers shall  hold  their  respective  offices  from  the  second  Tuesday 
in  July  following  their  election  for  the  number  of  years  respectively 
for  which  they  were  elected,  and  until  their  successors  are  elected 
and  qualified.  At  the  first  election  for  the  organization  of  a  new 
•school  district  there  shall  be  elected  at  large  for  such  school  dis- 
trict three  directors,  one  to  serve  until  the  first  annual  election, 
one  to  serve  until  the  second  annual  election,  and  one  to  serve  until 
the  third  annual  election  thereafter  and  a  school  treasurer  to  serve 
nintil  the  annual  election  in  the  next  even  numbered  year  and  until 
liis  successor  is  elected  and  qualified. 

§  671.  Polling  places,  how  established.  Appointment 
*of  election  officers.  The  county  superintendent  in  each  county 
shall,  at  least  twenty  days  prior  to  the  first  election  in  the  new  dis- 
trict,  fix  and  designate  some  polling  place  in  each  school  district  so 
located  as  to  be  convenient  for  the  voters  of  such  district,  and  shall 
•appoint  two  persons  to  act  as  judges  and  two  to  act  as  clerks  of  the 
election  of  such  school  officers;  such  judges  and  clerks  shall  be  qual- 
ified void's  in  their  respective  districts.  The  county  superintend- 
ent shall  notify  in  writing  such  judges  and  clerks  of  their  appoint- 
ment, and  of  the  place  fixed  arid  designated  as  the  polling  place  in 
their  respective  districts,  and  shall  furnish  them  with  the  necessary 
blanks  and  poll  books  for  such  election.  He  shall  also  furnish  e  "> 
of  such  clerks  with  three  notices  of  such  election  specifying  the 


STATE    OF    NORTH    DAKOTA.  29 


time  and  place  at  which  such  election  is  to  be  held,  the  officers  to 
be  elected  and  term  of  each,  which  notices  such  clerk  shall  post  in 
three  of  the  most  public  places  in  the  district  at  least  ten  days  prior 
to  such  election.  The  county  superintendent  shall  fix  the  date  and 
perform  such  other  duties  as  devolve  upon  him  by  the  provisions  of 
this  section  for  the  first  election  in  any  school  district  hereafter 
formed  under  the  provisions  of  this  chapter,  and  such  election  shall 
be  called  by  the  county  superintendent  within  thirty  days  after  the 
formation  of  such  school  district. 

§  672.  Who  qualified  to  vote  or  hold  office.  At  any 
election  of  school  officers  in  any  school  corporation  in  this  state, 
all  persons  who  are  qualified  electors  under  the  general  laws  of  the 
state  and  all  wromen  twenty-one  years  of  age  having  the  necessary 
qualifications  as  to  citizenship  and  residence  required  of  male 
voters  by  law,  shall  be  qualified  voters  and  shall  be  eligible  to  the 
office  of  county  superintendent  or  schools,  school  director  or  mem- 
ber of  the  board  of  education  or  school  treasurer,  or  may  be  judge 
or  clerk  of  such  election. 

§  673.  Hours  polls  open.  At  all  elections  for  school  district 
officers,  the  polls  shall  be  opened  at  two  o'clock  P.  M.  and  closed  at 
five  o'clock  P.  M. 

§  674.  Notice  of  annual  election.  At  least  fifteen  days 
before  the  third  Tuesday  in  June  of  each  year  the  district  school 
board  of  each  school  district  shall  designate  one  polling  place  as 
convenient  as  possible  to  the  voters  of  such  district  at  which  such 
annual  election  shall  be  held,  and  shall  cause  notice  of  such  election 
to  be  posted  in  at  least  three  of  the  most  public  and  conspicuous 
places  within  the  district.  Such  notices  shall  be  signed  by  the 
clerk  or  in  his  absence  by  the  president  of  the  district  school  board, 
and  shall  state  the  time  and  place  of  holding  such  election  and  the 
officers  to  be  elected  and  their  term  of  office,  and  shall  be  substan- 
tially in  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday  the day  of  June, 

A.  D an  election  will  be  held  at (here  insert 

polling  place)  for  the  purpose  of  electing (here  insert 

officers  to  be  elected  and  term  each  is  to  serve)  for  school  district 

No or  for   (here  insert  name  of  school  district). 

The  polls  will  be  opened  at  two  o'clock  P.  M.  and  closed  at  five 
o'clock  P.  M.  cf  that  day. 

By  order  of  school  board, 

Signed 

Clerk. 

§675.  Judges.  Oath.  At  such  annual  election  any  two  of  the- 
directors  of  the  school  district  may  act  as  judges  and  the  clerk  of 
the  district  school  board  and  one  other  person  to  be  chosen  by  the 
voters  present  at  the  opening  of  the  polls,  shall  act  as  clerks.  The 
voters  present  at  the  opening  of  the  polls  shall  choose  a  person  to 
fill  any  vacancy  caused  by  the  absence  of  either  of  such  officers  to 
act  as  judge  or  clerk  of  such  election.  Before  opening  the  polls. 


30  GENERAL  SCHOOL  LAWS, 

each  of  the  judges  and  clerks  of  election  shall  take  and  subscribe 
the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or  affirm) 
that  I  will  perform  my  duties  as  judge  or  clerk  (as  the  case  may  be) 
-according  to  law  and  the  best  of  my  ability."  Such  oath  or  affirma- 
tion may  be  administered  by  any  officer  authorized  to  administer 
oaths  or  by  either  of  the  judges  or  clerks.  Any  school  officer  elected 
and  qualified  under  the  provisions  of  this  chapter  is  authorized  and 
empowered  'to  administer  any  oath  or  affirmation  pertaining  in  any 
manner  to  school  offices. 

§  676.  Election,  how  conducted.  Canvass  of  votes.  Such 
election  shall  be  conducted  and  the  votes  canvassed  as  provided  by 
law  of  general  elections,  except  as  otherwise  provided  in  this  chap- 
ter. Immediately  after  the  polls  are  closed  the  judges  shall  pro- 
•ceed  to  count  and  canvass  the  votes  for  each  person  A-oted  for  at 
such  election  far  any  office,  and  the  person  receiving  the  highest 
number  of  votes  for  the  office  of  director  or  treasurer  shall  be  de- 
clared elected.  If  the  election  results  in  a  tie  for  any  such  office, 
the  district  clerk  shall  immediately  notify  in  writing  the  parties 
having  received  such  tie  votes,  and  a  time  shall  be  agreed  upon  by 
the  parties,  within  three  days  after  the  election,  at  which  the  elec- 
tion shall  be  decided  in  the  manner  that  may  be  agreed  upon  by  the 
parties,  in  the  presence  of  the  judges  and  clerks  of  election,  and  a 
record  of  the  proceedings  shall  be  made  in  the  records  of  the  dis- 
trict clerk. 

§  677.  Certificates  of  election.  The  clerk  of  the  school  dis- 
trict shall  within  five  days  after  such  election  furnish  each  person 
elected  to  any  district  office  a  written  notice  of  his  election,  and 
that  he  shall  take  the  oath  of  office  as  such  officer  on  or  before  the 
second  Tuesday  in  July  following  such  election.  He  shall  also  for- 
ward to  the  county  superintendent  within  ten  days  after  such  elec- 
tion, a  certified  list  of  all  the  officers  elected  thereat. 

§  678.  Oath  of  office.  Each  person  elected  to  the  office  of 
school  director  or  treasurer  shall  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  the  oath  prescribed  in  section  211  of 
the  constitution,  which  oath  shall  be  filed  with  the  clerk  of  the 
school  district  board. 

ARTICLE  5. — ORGANIZATION,    MEETINGS  AND    DUTIES  OF  DISTRICT 

OFFICERS. 

§  679.  District  school  board.  Quorum.  The  three  school 
directors  in  each  school  district  shall  constitute  the  district  school 
board.  A  majority  of  the  board  shall  constitute  a  quorum  and  the 
agreement  of  a  majority  shall  be  necessary  to  the  validity  of  any 
contract  entered  into  by  the  board. 

§  680.  Organization.  Clerk.  -  The  school  board  shall  meet 
annually  on  the  second  Tuesday  in  July,  and  organize  by  choosing 
one  of  the  members  president,  and  a  competent  person,  not  a  mem- 
ber of  the  board,  clerk,  who  shall  hold  his  office  during  the  pleasure 
of  the  board. 


STATE    OF    NORTH    DAKOTA.  31 


§  681.  Meetings  of  board.  Fees.  The  board  shall  on  the 
second  Tuesday  in  January,  April,  July  and  October  of  each  year, 
hold  regular  meetings  for  the  transaction  of  business  at  such  hour 
and  place  as  may  be  fixed  by  the  board.  A  special  meeting  may  be 
held  upon  the  call  of  the  president  or  of  the  other  two  members. 
Written  notice  of  the  time  and  place  of  any  special  meeting  shall 
be  given  to  each  member  of  the  board  at  least  forty-eight  hours  be- 
fore the  time  of  such  meeting.  Each  member  of  the  board  shall  be 
paid  the  sum  of  eight  dollars  per  annum,  less  two  dollars  for  each 
regular  meeting  which  he  fails  to  attend. 

§  682.  Duties  of  the  president.  The  president  shall  preside 
at  all  meetings  of  the  board  and  shall  perform  such  duties  as  usually 
pertain  to  such  office  and  in  accordance  with  the  customary  rules  of 
order.  In  his  absence  a  president  pro  tempore  shall  preside.  The 
president  shall  perform  such  other  duties  as  are  prescribed  in  this 
chapter. 

§  683.  Duties  of  clerk.  Compensation.  The  clerk  of  the 
board  shall  keep  an  accurate  record  of  all  proceedings  of  the  board, 
give  or  post  all  notices,  make  out  all  reports  and  statements  and 
perform  all  other  duties  required  by  law  or  by  the  board.  He  shall 
receive  such  compensation  as  shall  be  fixed  by  the  board,  not  less 
than  ten  dollars  for  one  school  and  five  dollars  for  each  additional 
school  in  his  district;  provided,  that  such  salary  shall  not  exceed 
forty  dollars  in  any  one  year. 

§  684.  Treasurer's  bond,  how  approved.  Vacancy,  how 
filled  The  school  treasurer  shall,  on  or  before  the  second  Tuesday 
in  July  following  his  election  and  before  entering  upon  his  duties 
give  a  bond  to  the  school  district  conditioned  for  the  honest  and 
faithful  discharge  of  his  duties  and  that  he  will  render  a  true  ac- 
count of  all  funds  and  property  that  shall  come  into  his  hands  and 
pay  and  deliver  the  same  according  to  law.  Such  bond  shall  be  in 
such  sum  as  may  be  fixed  by  the  board,  but  not  less  than  double  the 
sum  to  come  into  his  hands  in  any  one  year  as  nearly  as  may  be  as- 
certained, which  bond  shall  be  signed  by  two  or  more  sufficient  sur- 
eties to  be  approved  by  the  school  board.  In  case  the  school  board 
neglects  or  refuses  to  approve  the  bond  of^such  treasurer  and  the 
sureties  thereon,  such  treasurer  may  present  the  same  to  the  county 
superintendent  and  serve  notice  thereof  upon  the  board  and  due 
proof  of  such  notice  being  made  to  the  county  superintendent,  he 
shall,  unless  good  cause  for  delay  appears,  proceed  to  hear  and  de- 
termine the  sufficiency  of  the  bond  and  the  sureties  thereon,  and 
may  approve  or  disapprove  the  same  as  the  facts  warrant.  In  case 
a  vacancy  occurs  in  the  office  of  district  treasurer,  it  shall  be  the 
duty  of  the  county  treasurer  of  the  county  wherein  such  school 
district  is  located,  upon  being  notified  by  the  county  superintendent 
or  clerk  of  such  school  district  that  such  vacancy  exists,  to  perform 
the  duties  of  treasurer  of  such  school  district  until  the  vacancy  is 
duly  filled. 

§  685.     When    additional  bonds  required.      Whenever  the 


32  (JEXKRAL     SCHOOL     LAWS, 

amount  in  the  hands  of  the  treasurer  or  subject  to  his  order,  exceeds 
two-thirds  of  the  penal  sum  of  his  bond  or  when  in  the  judgment  of 
the  board  or  of  the  county  superintendent  the  security  on  such  bond 
is  impaired,  the  board  or  county  superintendent  shall  require  an  ad- 
ditional bond.  If  the  treasurer  fails  for  twenty  days  to  give  such 
additional  bond  the  office  shall  be  declared  vacant  and  the  vacancy 
shall  be  filled  as  provided  by  this  chapter. 

§  686.  School  funds,  how  paid  out.  The  school  treasurer 
shall  keep  such  accounts  and  make  such  reports  as  are  required  of 
him  by  law,  and  shall  publish  his  annual  statement  in  a  newspaper 
published  in  the  nearest  city  or  town  to  his  district.  He  shall  pay 
no  money  out  of  the  school  funds  in  his  hands  except  upon  the 
warrant  of  the  school  board,  signed  by  the  president  and  counter- 
signed by  the  clerk.  He  shall  pay  all  warrants  properly  drawn  and 
signed  when  presented,  if  there  is  any  money  in  his  hands  or  subject 
to  his  order  for  their  payment. 

§  687.  Warrants  to  be  indorsed  when  no  funds  to  pay.. 
When  a  warrant  is  presented  to  the  treasurer  for  payment  and  there 
is  no  money  in  his  hands  or  subject  to  his  order  belonging  to  the 
proper  fund  for  the  payment  of  such  warrant,  he  shall  indorse 

on  such  warrant  "presented  for  payment  this  ....  day  of ,. 

18 ...  and  not  paid  for  want  of  funds,"  and  shall  sign  such  indorse- 
ment. If  he  has  in  his  hands  o<r  subject  to  his  order  money  for 
the  part  payment  of  such  warrant,  he  shall  make  such  part  payment 
and  indorse  the  sum  on  the  warrant  and  add  "balance  not  paid  for 
want  of  funds,"  signing  the  same.  He  shall  keep  a  correct  register- 
of  all  warrants  so  presented  and  indorsed.  Each  warrant  thus  pre- 
sented and  indorsed  shall  draw  interest  on  the  amount  unpaid  at 
eight  per  cent  per  annum  from  the  date  of  such  presentation  and 
indorsement  until  paid;  provided,  that  when  there  shall  come  into 
the  hands  of  the  treasurer  or  subject  to  his  order  money  applicable 
to  the  payment  of  any  warrant  which  has  been  so  presented  and 
registered,  the  treasurer  shall  notify  in  writing  by  mail  the  drawee 
of  such  warrant  at  his  last  known  place  of  residence  to  present  such 
warrant  for  payment,  and  interest  shall  cease  upon  every  such  war- 
rant ten  days  after  sucii  notice  shall  have  been  sent,  and  such  money 
shall  be  held  for  the  payment  of  such  warrant. 

§  688.  Warrants,  what  to  specify.  Each  warrant  drawn  by 
the  clerk  of  the  board  on  the  district  treasurer  must  specify  the  pur- 
pose for  which  it  is  drawn,  the  fund  on  which  it  is  drawn,  and  the 
person  to  whom  payable;  and  no  warrant  shall  be  issued  except  for 
an  indebtedness  incurred  prior  to  its  issue. 

§  689.  Oaths  and  bonds,  where  to  be  filed.  All  official 
oaths  and  bonds  of  school  district  officers  shall  be  filed  with  the 
district  clerk,  who  shall  immediately  certify  to  the  county  superin- 
tendent the  fact  of  such  oaths  and  bonds  being  filed.  Said  clerk 
shall  file  school  treasurer's  bond  with  county  auditor  after  such 
bond  has  been  approved  by  the  district  school  board,  as  provided  in 
this  chapter.  In  case  of  the  breach  of  any  of  the  conditions  of  the- 


STATE    OF    NORTH    DAKOTA.  33 

treasurer's  bond,  the  board,  through  its  president,  and  in  case  of 
his  refusal  so  to  do,  the  county  superintendent  shall  cause  an  action 
to  be  commenced  and  prosecuted  thereon  in  the  corporate  name  of 
the  district,  and  any  money  collected  for  the  district  shall  be  paid 
to  the  district  treasurer  and  any  money  collected  for  fines  shall  be 
paid  into  the  county  treasury  and  be  credited  to  the  general  school 
fund  of  the  state.  If  the  board  and  county  superintendent  both  fail 
or  refuse  to  bring  such  action  any  taxpayer  in  the  district  may  com- 
mence and  pro'secute  such  action,  and  the  necessary  expense  thereof 
shall  be  paid  out  of  the  district  treasury  unless  otherwise  ordered  by 
the  court. 

§690.  Salary  of  school  treasurer.  The  school  treasurer  shall 
be  paid  for  his  services  such  sum  as  shall  be  fixed  by  the  board  not 
less  than  five  nor  more  than  twenty-five  dollars  per  annum. 

ARTICLE  6. — POWERS  AND  DUTIES  OF   DISTRICT  SCHOOL  BOARDS. 

§  691.  General  powers.  The  district  school  board  shall  have 
the  general  charge,  direction  and  management  of  the  schools  of  the 
district,  and  the  care,  custody  and  control  of  all  the  property  be- 
longing to  it,  subject  to  the  provisions  of  this  chapter. 

§  692.  Power  to  establish  schools.  It  shall  organize,  maintain 
and  conveniently  locate  schools  for  the  education  of  children  of 
school  age  within  the  district,  and  change  or  discontinue  any  of 
them  in  the  cases  provided  by  law. 

§  693.  Repairs,  fuel  and  supplies.  It  shall  make  all  neces- 
sary repairs  to  the  school  houses,  outbuildings  and  appurtenances, 
and  shall  furnish  fuel  and  all  necessary  supplies  for  the  schools. 

§  694.  Furniture,  maps,  registers,  school  library.  It  shall 
furnish  to  each  school  all  necessary  and  suitable  furniture,  maps,, 
charts  and  apparatus,  including  Webster's  International  Dictionary. 
The  school  registers  and  all  school  blanks  used  shall  be  those  fur- 
nished by  the  state  department  of  public  instruction.  It  shall  have 
power  to  purchase  and  keep  for  the  use  of  the  inhabitants  of  the 
sdhool  district  a  circulating  library  of  the  value  of  not  more  than 
fifty  dollars,  to  be  selected  by  the  school  board  from  any  list  of 
books  approved  by  the  superintendent  of  public  instruction,  and  fur- 
nished by  the  county  superintendents  for  that  purpose,  and  it  shall 
not  purchase  any  books  not  contained  in  such  list.  With  the  con- 
sent of  a  majority  of  the  voters  of  the  district  at  a  meeting  duly 
called  for  that  purpose,  due  notice  of  which  has  been  given  as  pro- 
vided by  law  for  other  meetings  of  the  voters  of  the  school  district,, 
the  district  school  board  may  purchase  and  select  a  library  of  the 
value  of  more  than  fifty  dollars  but  not  to  exceed  one  hundred  dol- 
lars in  value.  It  shall  have  the  care  and  custody  of  the  library  and 
may  appoint  as  librarian  any  suitable  person  including  one  of  their 
own  number.  It  shall  make  rules  to  govern  the  circulation  and  care 
of  the  books  while  in  the  hands  of  pupils  or  other  persons  and  may 
impose  and  collect  penalties  for  injuries  done  to  any  book  by  the 
act,  negligence  or  permission  of  the  person  who  takes  the  same  or 


34  (JKXKKAL     SCHOOL     LAWS, 

while  in  his  possession.  No  book  shall  be  loaned  for  a  longer  period 
than  two  weeks  at  any  time  to  any  one  person  and  never  to  any  per- 
son not  a  resident  of  the  district.  The  library  shall  be  open  at 
least  once  each  week  for  the  accommodation  of  its  patrons.  It 
shall,  under  proper  rules  permit  teachers  to  take  books  from  the 
library  to  their  schools  for  use  in  illustrating  any  subject  and  for 
instruction.  It  may  at  any  time  exchange  any  part  or  all  of  its 
library  with  any  other  district  or  person,  so  far  as  different  books 
may  be  so  obtained,  for  equal  values  of  the  books  exchanged,  and 
may  at  any  time  accept  donations  of  books  for  the  library,  but  it 
shall  exclude  therefrom  all  books  unsuited  to  the  cultivation  of  good 
character  and  good  morals  and  manners,  and  no  sectarian  publi- 
cations devoted  to  the  discussion  of  sectarian  differences  and 
creeds  shall  be  admitted  to  the  library. 

§  695.  Teachers,  how  employed.  Salaries,  how  graded. 
It  shall  employ  'the  teachers  of  the  school  district,  and  may  dismiss 
a  teacher  at  any  time  for  plain  violation  of  contract,  gross  immor- 
ality or  flagrant  neglect  of  duty.  No  person  shall  be  permitted  to 
teach  in  any  public  school  who  is  not  the  holder  of  a  teacher's  certif- 
icate or  a  permit  to  teach,  valid  in  the  county  or  district  in  which 
such  school  is  situated;  and  every  contract  for  the  employment  of 
a  teacher  must  be  in  writing,  and  such  contract  must  be  executed 
before  such  teacher  begins  to  teach  in  such  schools.  It  shall  grade 
the  salaries  of  teachers  for  the  district  in  accordance  with  the 
grades  of  certificates,  and  no  teacher  holding  a  certificate  of  a  lower 
grade  shall  be  paid  a  salary  equal  to  or  in  excess  of  that  paid  to  a 
teacher  holding  a  certificate  of  a  higher  grade  in  the  same  district. 
§  696.  Pupils  from  other  districts.  It  shall  have  the  power  to 
admit  to  the  schools  in  the  district  pupils  from  other  districts  when 
it  can  be  done  without  injuring  or  overcrowding  such  schools,  and 
shall  make  regulations  for  their  admission  and  the  payment  of 
their  tuition.  It  shall  have  the  power  to  arrange  with  the  board  of 
;an  adjacent  district  for  sending  to  such  district  such  pupils  as  can 
conveniently  taught  therein,  and  for  paying  their  tuition.  It  shall 
have  the  power  to  admit  to  the  schools  in  the  district  pupils  resid- 
ing in  unorganized  territory  adjacent  to  the  district,  and  shall  ar- 
range with  the  parents  or  guardians  of  such  pupils  for  paying  their 
tuition;  but  in  no  instance  shall  a  board  refuse  school  privileges  to 
or  collect  tuition  from  pupils  residing  in  such  adjacent  unorgan- 
ized territory  if  the  parents  of  such  pupils  are  property  holders  in 
the  district  and  pay  taxes.  It  shall  also  have  the  power  to  make 
proper  and  needful  rules  for  the  assignment  and  distribution  of 
pupils  to  and  among  the  schools  in  the  district  and  their  transfer 
from  one  school  to  another. 

§  697.  Rules.  Suspension  of  pupils.  It  shall  assist  and 
co-operate  with  teachers  in  the  government  and  discipline  of  the 
schools,  and  may  make  proper  rules  and  regulations  therefor.  It 
may  suspend  or  expel  from  school  any  pupil  who  is  insubordinate 
or  habitually  disobedient,  but  such  suspension  shall  not  be  for  a 


STATE    OF    NORTH    DAKOTA.  35 


longer  period  than  ten  days  nor  such  expulsion  beyond  the  end 
of  the  current  term  of  school. 

§  698.  Branches  of  study.  Subject  to  the  approval  of  the 
county  superintendent,  it  shall  have  power  to  determine  what 
branches,  if  any,  in  addition  to  those  required  by  law  shall  be 
taught  in  any  school  of  the  district. 

§  699.  Tax  levy.  Notice  to  county  auditor.  It  shall  have 
power  to  levy  upon  the  property  in  the  district  a  tax  for  school  pur- 
poses of  not  -exceeding  thirty  mills  on  the  dollar  in  any  year,  which 
levy  shall  be  made  by  resolution  of  the  board  prior  to  the  twentieth 
day  of  July.  The  clerk  shall  immediately  thereafter  notify  in  writ- 
ing the  county  auditor  of  the  amount  of  tax  so  levied.  It  shall  not 
have  power  to  abate  or  reduce  the  amount  of  tax  so  levied  after  the 
county  auditor  has  been  notified  of  the  amount  of  such  levy. 

§  700.  When  school  houses  can  be  used  for  other  pur- 
poses. It  may  permit  a  school  house,  when  not  occupied  for  school 
purposes,  to  be  used  under  careful  restrictions  for  any  proper  pur- 
pose, giving  equal  rights  and  privileges  to  all  religious  denomina- 
tions or  political  parties,  but  for  any  such  use  or  privilege  it  shall 
not  be  at  any  cost  for  fuel  or  otherwise  to  the  district.  Nor  shall 
any  furniture  which  is  fastened  to  the  floor  be  removed,  and  who- 
ever removes  any  school  furniture  for  any  other  purpose  than 
repairing  the  same  or  for  repairing  the  school  room  shall  be  guilty 
of  a  misdemeanor  and  shall  be  fined  not  less  than  five  nor  more  than 
ten  dollars  for  each  offense.  All  fines  imposed  and  collected  under 
the  provisions  of  this  section  shall  be  paid  into  the  general  school 
fund  of  the  state. 

§  701.  School  houses  and  sites,  how  determined.  When- 
ever in  the  judgment  of  the  board  it  is  desirable  or  necessary  to 
the  welfare  of  the  schools  in  the  district  or  to  provide  for  the  chil- 
dren therein  proper  school  privileges,  or  whenever  petitioned  so  to 
do  by  one-third  of  the  voters  in  the  district,  the  board  shall  call  a 
meeting  of  the  voters  in  the  district  at  some  convenient  time  and 
place  fixed  by  the  board  to  vote  upon  the  question  of  the  selection, 
purchase,  exchange  or  sale  of  a  school  house  site,  or  the  erection, 
removal  or  sale  of  a  school  house.  Said  election  shall  be  conducted 
and  votes  canvassed  in  the  same  manner  as  at  the  annual  election 
of  school  officers.  Three  notices  of  the  time,  place  and  purpose  of 
such  meeting  shall  be  posted  in  three  public  places  in  the  district 
by  the  clerk,  at  least  ten  days  prior  to  such  meeting.  If  a  majority 
of  the  voters  present  at  such  meeting  shall  by  vote  select  a  school 
house  site,  or  shall  be  in  favor  of  the  purchase,  exchange  or  sale  of 
the  school  house,  as  the  case  may  be,  the  board  shall  locate,  pur- 
chase, exchange  or  sell  such  site,  or  erect,  remove  or  sell  such 
school  house,  as  the  case  may  be,  in  accordance  with  such  vote; 
provided,  that  it  shall  require  a  vote  of  two-thirds  of  the  voters 
present  and  voting  at  such  meeting  to  order  the  removal  of  the 
school  house  and  such  school  house  so  removed  cannot  again  be 
removed  within  three  years  from  the  date  of  such  meeting. 


36  GENERAL  SCHOOL  LAWS, 

§  702.  School  house  sites,  how  obtained.  The  school 
board  of  any  school  district  may  take  in  the  corporate  name  thereof, 
any  real  property  not  exceeding  two  acres  in  area  chosen  as  a  site 
for  school  house,  as  provided  in  this  chapter,  and  may  hold  and  use 
such  tract  for  school  purposes  only.  Should  the  owner  of  such 
real  property  refuse  or  neglect  to  grant  and  convey  such  site,  a  site 
for  such  school  house  may  be  obtained  by  proceeding  in  eminent 
domain  as  provided  in  the  code  of  civil  procedure.  If  the  site  so 
selected  is  not  used  for  the  purposes  for  which  it  is  taken  for  two 
successive  years,  it  shall  revert  to  the  original  owner  or  his  assigns 
upon  repayment  of  the  sum  originally  paid  by  the  corporation  to- 
gether with  a  reasonable  consideration  for  the  improvement.  If 
such  owner  or  his  assigns  neglects  or  refuses  to  make  such  repay- 
ment for  one  year  after  demand  therefor  by  the  board  such  site 
shall  be  the, property  of  the  district. 

§  703.  Schools  to  be  organized  on  petition.  If  a  petition 
signed  by  the  persons  charged  with  the  support  and  having  the  cus- 
tody and  care  of  nine  or  more  children  of  school  age,  all  of  whom 
reside  not  less  than  two  and  one-half  miles  from  the  nearest  school 
is  pi  esented  to  the  board  asking  for  the  organization  of  a  school  for 
such  children,  the  board  shall  organize  such  school  and  employ  a 
teacher  therefor  if  a  suitable  room  for  such  school  can  be  leased  or 
rented  at  some  proper  location,  not  more  than  two  and  one-half 
miles  distant  from  the  residence  of  any  one  of  such  children,  and  if 
such  petition  is  signed  by  the  persons  charged  with  the  support  and 
having  the  custody  and  care  of  twelve  or  more  such  children  the 
board  shall  organize  a  school  and  employ  a  teacher  therefor,  and 
if  no  suitable  room  for  such  school  can  be  leased  or  rented,  the 
board  shall  call  a  meeting  of  the  voters  of  the  district  for  the  selec- 
tion and  purchase  of  a  school  house  site  therefor  and  the  purchase 
or  erection  of  a  school  house  as  provided  for  in  section  701.  If  at 
such  meeting  no  such  site  is  selected  or  if  it  is  not  voted  to  erect 
or  purchase  a  school  house  for  such  school  the  board  shall  select 
and  purchase  a  school  house  site,  and  erect,  purchase  or  move 
thereon  a  school  house  at  a  cost  of  not  more  than  seven  hundred 
dollars  for  such  house  and  furniture  therefor;  provided,  that  the 
provisions  of  this  section  shall  not  apply  in  instances  where  schools 
have  been  consolidated  in  accordance  with  the  provisions  of  sec- 
tion 704. 

§  704.  School  terms,  how  arranged,  and  when  discon- 
tinued. Consolidation  of  common  schools.  The  district  board 
shall  determine  and  fix  the  length  of  time  the  schools  in  the  district 
shall  be  taught  each  year,  and  when  each  term  of  school  shall  begin 
and  end.  It  shall  so  arrange  such  terms  as  to  accommodate  and 
furnish  school  privileges  equally  and  equitably  to  pupils  of  all  ages; 
provided,  that  every  common  school  shall  be  kept  in  session  for  not 
less  than  four  months  in  each  school  year,  and  in  every  district  in 
which  the  number  of  persons  of  school  age  is  an  average  of  fifteen 
or  more  to  the  school,  each  school  shall  be  kept  in  session  for  not 


STATE    OF    NORTH    DAKOTA.  37 

less  than  six  months  in  each  school  year;  provided  further,  that  any 
school  may  be  discontinued  when  the  average  attendance  of  pupils 
therein  for  ten  consecutive  days  shall  be  less  than  four,  and  all 
contracts  between  school  boards  and  teachers  shall  contain  a  pro- 
vision that  no  compensation  shall  be  received  by  such  teacher  from 
the  date  of  such  discontinuance,  or  when,  with  the  consent  of  a  ma- 
jority of  the  patrons  of  such  school,  proper  and  convenient  school 
facilities  can  be  provided  for  the  pupils  therein  in  some  other 
school;  provided  further,  that  a  board  may  call,  and  if  petitioned  by 
a  majority  of  the  voters  in  the  district,  shall  call  an  election  to  de- 
termine the  question  of  consolidating  two  or  more  common  schools, 
and  of  selecting  a  site  and  erecting  a  suitable  building  or  of  making 
suitable  additions  to  buildings  already  erected,  to  accommodate  the 
pupils  of  schools  to  be  vacated.  S'aid  elections  shall'  be  conducted 
both  as  to  notices  and  as  to  manner  of  canvassing  the  votes  in  the 
same  manner  as  the  annual  school  election.  If  two-thirds  of  the 
votes  cast  at  such  election  are  in  favor  of  consolidating  two  or 
more  schools  and  of  providing  a  suitable  building  for  the  accommo- 
dation of  the  pupils  of  vacated  schools,  then  the  board  shall  make 
all'necessary  arrangements  to  carry  out  the  decision  of  the  district. 
The  board  shall  arrange  for  the  transportation  of  pupils  to  and 
from  such  general  school.  It  shall  establish  routes  of  travel,  adopt 
rules  and  regulations  for  such  transportation  and  shall  contract 
with  responsible  parties  for  such  transportation. 

§  705.  Additional  school  time.  If  a  majority  of  the  patrons 
of  any  school  averaging  for  its  last  term  twelve  or  more  pupils  in 
daily  attendance,  shall  petition  the  board  to  continue  such  school 
for  an  additional  time,  not  exceeding  nine  months  in  any  school 
year,  the  board  shall  continue  such  school  for  that  length  of  time, 
if  there  are  funds  in  the  treasury  sufficient  for  that  purpose. 

§  706.  District  high  schools,  how  established  and  con- 
trolled. In  any  district  containing  four  or  more  common  schools 
and  having  an  enumeration  of  sixty  or  more  persons  of  school  age 
residing  therein  the  board  may  call,  and  if  petitioned  so  to  do  by 
ten  or  more  voters  in  the  district,  shall  call  a  meeting  of  the  voters 
of  such  district  in  the  manner  prescribed  in  section  700  to  deter- 
mine the  question  of  the  establishment  of  a  district  high  school.  If 
a  majority  of  the  voters  at  such  meeting  vote  in  favor  of  establish- 
ing such  high  school,  the  meeting  shall  further  proceed  to  select  a 
site  therefor  and  to  provide  for  the  erection  or  purchase  of  a  school 
building,  or  for  the  necessary  addition  to  some  school  building 
therefor.  Thereupon  the  board  shall  erect  or  purchase  a  building 
or  make  such  addition  for  such  high  school,  as  shall  be  determined 
at  such  meeting,  and  shall  establish  therein  a  district  high  school 
containing  one  or  more  departments,  and  employ  teachers  therefor. 
Such  school  shall  be  kept  in  session  for  such  time  each  year  not 
less  than  three  months,  as  the  board  may  determine.  The  board 
shall,  subject  to  the  approval  of  the  county  superintendent,  grade 


(JKNKIJAL-    SCHOOL     LANVS, 


such  high  school  and  prescribe  the  studies  to  be  pursued  therein, 
and'  shall  have  the  same  management  and  control  thereof  as  of  the 
common  schools  in  the  district.  Two  or  more  adjacent  school  dis- 
tricts may  join  in  the  establishment  and  maintenance  of  such  high 
school,  when  empowered  so  to  do  by  a  majority  of  the  voters  in  each 
district  at  a  meeting  called  and  held  as  provided  for  in  this  section, 
in  which  case  the  building  and  furniture  occupied  and  used  for  such 
high  school  shall  belong  to  the  districts  so  uniting,  and  all  the  costs 
of  maintaining  such  school,  including  wages  of  teachers  and  all 
necessary  supplies  shall  be  paid  by  such  districts  in  proportion  to 
the  assessed  valuation  of  the  property  in  each,  and  the  employment 
of  teachers  therefor,  and  the  management,  control  and  grading 
thereof  shall  be  vested  in  the  joint  boards  of  such  districts,  subject 
to  the  approval  of  the  county  superintendent  of  the  county  in  which 
such  school  is  situated. 

§  707.  School  census.  Annual  school  report.  The  board 
shall  cause  the  clerk  to  make  an  enumeration  each  year  of  all  un- 
married persons  of  school  age,  being  over  six  and  under  twenty 
years  of  age,  having  their  legal  residence  in  the  district  on  the  first 
day  of  June  of  that  year,  giving  the  names  and  ages  of  such  persons 
and  the  names  of  the  parents  or  guardians  having  the  care  and 
custody  of  each.  Such  enumeration  shall  be  made  upon  and  in  ac- 
cordance with  the  blanks  furnished  therefor  by  the  county  superin- 
tendent and  shall  be  returned  to  the  county  superintendent  prior  to 
the  twentieth  day  of  June.  A  copy  of  such  enumeration  shall  also 
be  kept  in  the  office  of  the  district  clerk.  The  board  shall  also  cause 
the  district  clerk  to  make  out  an  annual  report  for  the  year  begin- 
ning July  first  and  ending  June  thirtieth,  containing  such  financial 
and  statistical  statements  and  items  as  shall  be  required  by  the 
superintendent  of  public  instruction  upon  and  in  accordance  with 
the  blanks  furnished  therefor  by  the  county  superintendent.  Such 
report  shall  be  carefully  examined  and  certified  as  correct  by  the 
board  at  its  regular  meeting  in  July  and  transmitted  to  the  county 
superintendent  prior  to  the  first  day  of  August  following.  A  copy 
of  such  report  shall  be  filed  in  the  district  clerk's  office;  provided, 
that  special  school  districts,  independent  districts  and  districts  or- 
ganized for  school  purposes  under  special  law,  shall  enumerate  their 
children  of  school  age  on  the  first  day  of  December,  or  within  the 
next  twenty  days  following,  and  such  enumeration  shall  be  reported 
to  the  county  superintendent  by  the  clerk. 

§  708.  Records  open  to  inspection.  All  reports,  books, 
records,  vouchers,  contracts  and  papers  relating  to  school  business 
in  a  school  district  in  the  office  of  the  clerk  or  treasurer,  shall  at  all 
times  be  open  to  the  inspection  of  any  director,  who  shall  advise 
jmd  aid  in  securing  correct  records  and  accounts  and  legal  re- 
ports, and  they  shall  likewise  be  open  to  the  superintendent  of  pub- 
lic instruction,  and  county  superintendent  and  any  particular  paper 
or  record  shall  be  exhibited  at  reasonable  hours  to  any  voter  or  tax 
payer. 


STATE    OP    NORTH    DAKOTA.  39 

§  709.  Records  and  teaching-  in  English.  All  reports  and 
records  of  school  officers  and  proceedings  of  all  school  meetings 
shall  be  in  the  English  language,  and  if  any  money  belonging  to 
any  district  shall  be  expended  in  supporting  a  school  in  which  the 
English  language  shall  not  be  taught  exclusively,  the  county  sup- 
erintendent or  any  tax  payer  of  the  school  corporation  may  in  a 
civil  action  in  the  name  of  the  corporation  recover  for  such  corpora- 
tion all  such  money  from  the  officer  so  expending  it  or  ordering  or 
voting  for  its  expenditure. 

ARTICLE  7. — SCHOOL  FUNDS. 

§  710.  State  tuition  fund,  how  raised.  The  net  proceeds 
arising  from  all  fines  and  penalties  for  violation  of  state  laws,  from 
leasing  the  school  lands  and  the  interest  and  income  from  the  state 
permanent  school  fund  shall  be  collected  and  paid  into  the  state 
treasury  in  the  same  manner  as  is  provided  by  law  for  the  collection 
and  payment  of  state  taxes,  and  shall  constitute  the  state  tuition 
fund,  which  shall  be  apportioned  among  the  several  counties  of  the 
state  in  proportion  to  the  number  of  children  of  school  age  in  each 
as  shown  by  the  last  enumeration  authorized  by  law. 

§  711.  County  treasurer  to  report  state  tuition  fund 
quarterly.  Superintendent  of  public  instruction  appor- 
tions. It  shall  be  the  duty  of  the  county  treasurer  to  receive  from 
-the  proper  officers  the  net  proceeds  of  fines,  penalties  and  forfeit- 
ures for  violation  of  state  laws,  and  all  moneys  arising  from  leasing 
school  lands  within  the  county,  and  to  forward  a  detailed  state- 
ment of  moneys  so  collected,  specifying  the  amount  received  from 
each  of  the  above  sources,  to  the  state  auditor  at  the  same  time  that 
he  is  required  to  make  reports  of  other  moneys  to  such  auditor.  It 
shall  be  the  duty  of  the  state  auditor  on  or  before  the  third  Mon- 
day in  February,  May,  August  and  November  in  each  year  to  certify 
to  the  superintendent  of  public  instruction  the  amount  of  the  state 
tuition  fund,  and  the  superintendent  of  public  instruction  shall  im- 
mediately apportion  such  fund  among  the  several  counties  of  the 
state  in  proportion  to  the  number  of  children  of  school  age  residing 
in  each  as  shown  by  the  last  enumeration  provided  for  by  law  and 
certify  to  the  state  auditor,  state  treasurer  and  to  the  county  treas- 
urer and  county  superintendent  of  each  county,  the  amount  appor- 
tioned to  the  respective  counties.  Immediately  upon  receipt  of  such 
apportionment  from  the  state  superintendent  as  herein  provided, 
the  state  auditor  shall  draw  a  warrant  upon  the  state  treasurer  for 
the  full  amount  of  the  state  tuition  fund  apportioned  to  the  several 
counties  and  shall  deliver  the  same  to  the  state  treasurer,  taking 
his  receipt  therefor,  and  shall  notify  the  several  county  treasurers 
of  the  amounts  due  their  respective  counties  and  that  such  warrant 
has  been  issued  therefor  and  the  state  treasurer  shall  pay  on  such 
warrant  to  the  several  county  treasurers  the  amount  due  their  re- 
spective counties;  provided,  however,  that  all  moneys  arising  from 


40  GENERAL     SCHOOL     LAWS, 

interest  on  the  permanent  school  fund  and  from  leasing  school 
lands  shall  be  apportioned  under  a  separate  item  and  such  money 
shall  be  taken  account  of  as  a  separate  item  by  all  officers  making 
or  certifying  such  apportionment,  or  through  whose  hands  any  por- 
tion of  such  fund  shall  pass  and  it  is  further  made  the  duty  of  the 
district  treasurer  to  keep  such  fund  separate  from  all  other  funds 
and  if  at  the  close  of  the  school  year  any  part  of  such  fund  which 
was  apportioned  prior  to  the  third  Monday  of  November  of  such 
year  remains  in  the  hands  of  the  district  treasurer,  he  shall  return 
the  same  to  the  county  treasurer,  taking  his  receipt  therefor,  and 
the  county  treasurer  shall  return  all  such  funds  so  returned  or  that 
were  not  drawn  by  the  district  treasurer  from  the  county  treasury 
to  the  state  treasurer  who  shall  receipt  for  the  same,  and  the 
county  treasurer  shall  certify  to  the  state  auditor  the  amount  so 
returned  to  the  state  treasurer. 

§  712.  Funds  defined.  How  used.  All  money  received  by 
the  school  district  from  the  apportionment  made  by  the  superin- 
tendent of  public  instruction  shall  constitute  and  be  designated  the 
state  tuition  fund.  All  money  received  from  district  taxes,  from 
subscription,  from  sale  of  property,  or  from  any  other  source  what- 
ever except  from  apportionment  made  by  the  superintendent  of 
public  instruction,  shall  be  designated  the  special  fund.  In  addi- 
tion to  the  state  tuition  fund  and  the  special  fund,  a  sinking  fund 
may  be  established  as  provided  by  this  article.  The  state  tuition 
fund  shall  be  used  only  in  the  payment  of  teachers'  wages;  pro- 
vided, tKat  if  the  state  tuition  fund  apportioned  to  any  district  in 
any  one  year  is  insufficient  for  the  payment  of  teachers'  wages  in 
such  district  any  money  on  hand  or  available  belonging  to  the 
special  fund  of  such  district  may  be  applied  to  meet  such  deficiency; 
provided,  further,  that  if  the  state  tuition  fund  apportioned  to  any 
one  district  in  any  one  year  is  more  than  sufficient  for  the  payment 
of  teachers'  wages  in  such  district  the  portion  of  such  fund  in  ex- 
cess of  the  amount  so  required  may  be  applied  to  the  payment  of 
warrants  drawn  upon  the  special  fund  of  such  district,  if  such  dis- 
trict has  school  the  required  number  of  months  during  such  year  as 
required  by  law. 

§  713.  Funds  controlled  and  paid  out  by  district  treas- 
urer. All  funds  shall  be  kept  in  the  possession  or  under  the  con- 
trol of  and  paid  out  by  the  district  treasurer,  except  as  otherwise 
provided  in  this  chapter,  and  he  shall  keep  one  general  account  for 
each  district  of  the  entire  receipts  and  expenditures,  and  separate 
itemized  accounts  as  herein  provided  for  each  class  of  receipts  and 
expenditures.  His  books  shall  at  all  times  show  by  entries  under 
proper  heads  all  receipts  of  funds  and  payments  made  therefrom, 
so  as  to  enable  any  person  readily  to  ascertain  any  balance  in  ac- 
rount  of  any  fund. 

§  714.  Not  entitled  to  tuition  fund,  when.  Enumeration. 
No  school  district  shall  be  entitled  to  receive  any  portion  of  the 


STATE    OF    NORTH    DAKOTA.  41 


state  tuition  fund  that  fails  to  make  a  report  of  the  enumeration  of 
children  of  school  age  in  the  manner  provided  by  law,  nor  until 
such  enumeration  has  been  taken  and  reported  as  required  by  law. 
The  county  superintendent  of  schools  shall  not  authorize  the  pay- 
ment of  money  apportioned  to  any  district  unless  the  bond  and  oath 
of  such  treasurer  has  been  duly  approved  and  filed,  as  provided  for 
by  section  689.  New  districts  organized  after  the  annual  enum- 
eration has  been  taken  shall  proceed  immediately  to  take  the  enum- 
eration as  provided  by  law,  and  after  the  receipt  of  such  enumera- 
tion by  the  superintendent  of  public  instruction  through  the  county 
superintendent,  the  newly  organized  district  shall  receive  its  pro- 
portionate share  of  the  funds  to  be  apportioned. 

§  715.  Apportionment  of  state  tuition  funds  by  county 
superintendent.  Within  thirty  clays  and  in  not  less  than  twenty 
days  after  receiving  the  certificate  of  apportionment  from  the  sup- 
erintendent of  public  instruction  a'nd  the  certificate  from  the  county 
auditor,  as  provided  for  in  section  722  of  this  chapter,  the  county 
superintendent  shall  apportion  separately  to  the  several  school  dis- 
tricts, special  districts,  independent  districts,  and  districts  organ- 
ized under  special  laws  which  are  entitled  to  any  portion  of  the 
state  tuition  and  special  funds  within  the  county  in  proportion  to 
the  number  of  children  residing  in  each  over  six  and  under  twenty 
years  of  age,  excluding  all  married  persons,  as  appears  from  the  last 
enumeration  authorized  by  law  upon  which  the  superintendent  of 
public  instruction  made  the  apportionment  to  the  several  counties, 
•and  he  shall  immediately  notify  each  district  treasurer  of  the 
amount  of  money  due  his  school  district,  and  shall  certify  to  the 
county  treasurer  and  to  the  county  auditor  the  amount  due  each 
school  district.  The  county  treasurer  shall  deliver  to  the  several 
district  treasurers  upon  the  order  of  the  county  auditor  the  amounts 
apportioned  to  their  respective  districts,  taking  a  receipt  therefor. 

§  716.  Special  and  independent  districts  and  districts  or- 
ganized under  special  laws  entitled  to  tuition  funds. 
Special  and  independent  school  districts  and  districts  organized 
under  special  laws  shall  be  entitled  to  receive  their  proportion  of 
the  state  and  special  tuition  funds;  provided,  that  the  clerk  or  sec- 
retary of  the  board  of  education  thereof  shall  make  a  report  to  the 
•county  superintendent  of  the  enumeration  of  children  of  school  age 
therein  at  the  time  and  in  the  manner  prescribed  in  this  chapter. 

§  717.  Treasurer's  accounts.  Annual  settlement.  The 
district  treasurer  shall  open  new  accounts  with  each  fund  at  the 
beginning  of  each  school  year,  and  the  balance  in  each  fund  shall 
be  brought  down  and  become  the  first  entry  in  opening  the  account 
for  the  new  year.  On  the  Tuesday  in  July  succeeding  the  regular 
meeting  of  the  school  board  in  each  year,  the  school  board  shall 
make  settlement  with  the  district  treasurer,  and  shall  carefully  ex- 
amine his  books,  accounts  and  vouchers  and  shall  ascertain  if  the 
amount  of  all  warrants,  bonds  and  coupons  paid  and  redeemed  or 


42  GENERAL  SCHOOL  LAWS, 

paid  in  part,  together  with  the  cash  in  his  hands  or  under  his  con- 
trol, is  equal  to  the  amount  of  the  cash  on  hand  at  the  beginning 
of  the  school  year,  together  with  all  money  received  by  him  from 
all  sources  for  school  purposes  during  the  year.  The  district  treas- 
urer shall  deliver  to  the  board  at  such  annual  meeting  all  warrants, 
toonds  and  coupons  paid  and  redeemed  by  him  during  the  school 
year,  and  held  by  him  as  vouchers,  taking  the  receipt  of  the  board 
therefor,  and  such  vouchers  shall  forthwith  be  filed  with  the  district 
clerk.  He  shall  at  that  meeting  make  his  annual  report  in  tripli- 
cate, one  copy  to  be  preserved  in  the  treasurer's  office,  one  to  be 
filed  with  the  clerk  of  the  school  board,  and  one  to  be  transmitted 
to  the  county  superintendent  of  schools,  and  the  board  shall  cause 
to  be  published  an  itemized  statement  of  the  receipts  and  expendi- 
tures of  the  preceding  year.  The  treasurers'  reports  shall  show  the 
following: 

KECEIPTS. 

The  balance  at  the  close  of  the  year. 
The  amount  received  into  the  state  tuition  fund. 
The  amount  received  into  the  special  fund. 
The  amount  received  into  the  sinking  fund. 

EXPENDITURES. 

The  amount  paid  for  school  houses,  sites  and  furniture. 

The  amount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers'  wages. 

The  amount  paid  for  services  and  expenses  of  school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may  be  required 
by  the  district  board,  or  the  superintendent  of  public  instruction, 
and  shall  be  upon  and  in  conformity  with  the  blanks  furnished 
him  for  that  purpose. 

§  718.  When  county  treasurer  to  pay  funds  to  district 
treasurer.  The  treasurer  of  each  district  shall  apply  to  the 
county  auditor  for  an  order,  and  the  county  treasurer  shall  pay 
over  to  him  on  such  order  all  of  the  school  money  collected  for 
such  district  and  all  school  money  apportioned  to  such  district  by 
the  county  superintendent,  and  the  county  auditor  shall  issue  such 
order;  provided,  such  district  treasurer  has  qualified  and  filed  his 
oath  and  bond  as  provided  by  law.  It  shall  be  the  duty  of  the 
county  treasurer,  when  payment  is  made  to  any  school  treasurer  of 
any  funds  herein  provided  for,  immediately  to  notify  the  clerk  of 
the  school  board  of  the  payment  of  the  same. 

g  719.  County  treasurer  to  keep  accounts  with  school 
corporations.  Each  county  treasurer  shall  keep  a  regular  ac- 


STATE    OF    NORTH    DAKOTA.  43 


count  with  each  school  corporation,  in  which  he  shall  charge  him- 
self with  all  taxes  collected  by  levy  of  the  district  school  board  and 
all  sums  apportioned  to  the  district  by  the  county  superintendent  or- 
other  authority,  and  all  sums  received  for  the  district,  and  he  shall 
credit  himself  with  all  payments  made  to  the  treasurer  of  the  dis- 
trict, distinguishing  between  the  items  paid  by  apportionment,, 
those  from  county  taxes  and  those  from  other  sources.  He  shall 
also  credit  himself  with  all  payments  for  redemption  or  indorse- 
ment  of  warrants  in  the"  collection  of  taxes  and  shall  deliver  to  the- 
district  treasurer  a  duplicate  tax  receipt  for  the  amount  of  each 
warrant  so  indorsed  or  redeemed  together  with  all  warrants  so 
redeemed  at  the  time  of  making  other  regular  payments  to  the  dis- 
trict treasurer.  To  these  credits,  to  balance  the  accounts,  he  shall 
add  all  items  for  legal  fees,  for  collection  and  other  duties. 

§  720.  School  taxes,  how  and  when  collected.  It  shall  be- 
the  duty  of  the  county  treasurer  to  collect  the  taxes  for  school 
purposes  at  the  same  time  and  in  the  same  manner  that  the  county 
and  state  taxes  are  collected,  and  full  power  is  hereby  given  him  to 
sell  property  for  school  taxes  the  same  as  is  provided  by  law  for  the- 
collection  of  other  taxes.  Whenever  an  error  occurs  in  any  school 
corporation's  tax  list  the  district  school  board  or  board  of  educa- 
tion in  special  or  independent  districts  or  districts  organized  under 
special  laws  may  correct  such  errors  and  refund  such  taxes  improp- 
erly collected.  All  penalties  and  interest  collected  on  delinquent 
school  taxes  shall  be  applied  to  the  proper  fund  to  which  such  de- 
linquent taxes  belong. 

AKTICLE  8. — TAXES. 

§731.  School  board  to  levy  tax.  Each  district  school  board1 
shall  have  power  and  it  shall  be  its  duty  to  levy  upon  all  the  prop- 
erty subject  to  taxation  in  the  district  a  tax  for  school  purposes  of 
all  kinds  authorized  by  law,  not  exceeding  in  the  aggregate  a  rate- 
of  thirty  mills  on  the  dollar  in  any  one  year.  Such  tax  shall  be 
levied  by  resolution  of  the  board  prior  to  the  twentieth  day  of  July 
in  each  year,  which  resolution  shall  be  entered  in  the  records  of 
the  proceedings  of  the  board.  The  clerk  shall  immediately  there- 
after notify  the  county  auditor  in  writing  of  the  amount  of  tax  so- 
levied,  and  such  notice  shall  be  in  substantially  the  following  form: 
State  of  North  Dakota,  ) 

County  of v  ss. 

School  District ) 

To   

County  Auditor  of  .  .  Countv. 

Sir: 

You  are  hereby  notified  that  the  school  board  of school 

district  has  levied  a  tax  of dollars  upon  all  real  and  per- 
sonal property  in  said  school  district  for  school  purposes.  You 
will  duly  enter  and  extend  such  tax  upon  the  county  tax  list  for  col- 


-44  GENERAL     SCHOOL     LAWS, 

lection  upon  the  taxable  property  of  such  school  district  for  the 
current  year. 

Dated  at this day  of 189 . . 


District  Clerk. 

The  notice  of  a  tax  to  pay  any  judgment  against  the  district  shall 
be  in  addition  to  the  regular  tax  and  shall  be  certified  to  the  county 
auditor  under  the  same  general  form,  as  near  as  may  be;  provided, 
that  if  the  boundaries  of  such  district  shall  embrace  a  portion  of 
two  counties  then  the  clerk  of  such  district  shall  certify  to  the 
county  auditor  of  the  county  in  which  is  located  the  original  district 
to  which  such  portion  of  the  district  embraced  in  the  other  county 
is  attached,  in  addition  to  the  tax  levy  above  mentioned,  a  list  and 
valuation  of  all  property  subject  to  taxation  in  such  portion  of  such 
district  embraced  in  the  other  county,  as  shown  by  the  assessor 
making  the  assessment  in  such  county,  towns'hip  or  assessor's  dis- 
trict, and  the  auditor  shall  enter  such  property  upon  the  tax  dupli- 
cate of  his  county  and  levy  all  school  taxes  upon  the  same,  and  the 
county  treasurer  of  the  county  shall  collect  the  taxes  levied  thereon 
the  same  as  other  taxes  are  collected  and  pay  the  same  over  to  the 
treasurer  of  the  district  entitled  thereto. 

§  722.  Tax,  how  levied,  how  apportioned.  Apportion- 
ment of  delinquent  taxes.  1.  The  county  auditor  of  each  county 
shall  at  the  time  of  making  the  annual  assessment  and  levy  of  taxes 
levy  a  tax  of  one  dollar  on  each  elector  in  the  county  for  the  sup- 
port of  common  schools,  and  a  further  tax  of  two  mills  on  the  dol- 
lar on  all  taxable  property  in  the  county,  to  be  collected  at  the  same 
time  and  in  the  same  manner  as  other  taxes  are  collected,  which 
-shall  be  apportioned  by  the  county  superintendent  of  schools  among 
the  school  districts  of  the  county. 

2.  It  shall  be  the  duty  of  the  county  auditor  on  or  before  the 
third  Monday  in  February,  May,  August  and  November  in  each 
year,  to  certify  to  the  county  superintendent  of  schools  the  amount 
of  such  county  tuition  fund,  which  the  county  superintendent  of 
schools  shall  apportion  among  the  several  school  districts  in  the 
same  form  and  manner  as  provided  for  the  apportionment  of  the 
state  tuition  fund.     The  county  superintendent  shall  file  with  the 
county  auditor  and'  the  county  treasurer  a  certified  statement  show- 
ing the  amount  apportioned  to  each  district. 

3.  It  shall  .also  be  the  duty  of  the  county  auditor  to  certify  at  the 
time  herein  specified  the  amount  of  delinquent  taxes  collected  for 
the  special  tuition  fund  prior  to  those  levied  for  the  year  1899, 
which  amounts  shall  be  apportioned  by  the  county   superintendent 
of  schools  as  herein  provided;  and  the  county  treasurer  shall  pay 
•such  amounts  to  the  district  treasurers  the  same  as  other  special 
funds  are  paid. 

§  723.  Maximum  levy  for  final  judgment.  Taxes  to  be 
^uniform.  When  any  final  judgment  shall  be  obtained  against  a 


STATE    OP    NORTH    DAKOTA.  45;. 


school  district  the  board  thereof  shall  levy  a  tax  upon  the  taxable 
property  of  such  district  not  exceeding  in  amount  twenty  mills  on 
the  dollar  in  any  one  year,  which  shall  be  used  in  the  payment 
thereof.  The  county  auditor  shall  make  out,  charge  and  extend 
upon  the  tax  list  against  each  description  of  real  property  and 
against  all  personal  property,  and  upon  all  taxable  property  of  the 
district,  all  such  taxes  for  schools  and  judgments  he  is  so  notified 
has  been  levied  by  the  district  in  which  the  property  is  situated  and 
taxable,  in  the  same  manner  in  which  the  county  and  state  tax  list 
is  prepared,  and  deliver  it  to  the  county  treasurer  at  the  same  time. . 
All  taxes  for  school  purposes  shall  be  uniform  upon  the  property 
within  each  school  district. 

§  724.  Statement  of  assessed  valuation.  Each  assessor 
shall  on  or  before  the  first  day  of  July  in  each  year  furnish  to  the 
clerk  of  the  school  district,  to  the  county  superintendent  of  schools 
and  to  the  county  auditor  a  statement  of  the  assessed  valuation  of 
all  the  property  in  such  corporation  subject  to  taxation. 

§  725.  Indebtedness  of  district,  how  adjusted  when 
no  legal  school  board  exists.  If  any  school  district  in  the- 
state  has  for  one  or  more  years  past,  either  through  failure  to  elect 
a  school  board  or  through  failure  of  the  county  superintendent  to 
appoint  a  school  board,  been  without  a  legal  school  board  or  if  here- 
after any  school  district  through  such  failure  to  elect  or  to  appoint 
such  school  board  shall  be  without  such  legal  school  board  and  such 
district  shall  have  an  authorized  indebtedness  either  in  bonds,  in- 
terest due  on  bonds  or  otherwise,  it  shall  be  the  duty  of  the  county 
superintendent,  the  county  treasurer  and  county  auditor,  acting  as 
a  board  of  adjusters,  to  assess  upon  the  taxable  property  of  such, 
school  corporation  a  tax  not  to  exceed  twenty  mills  on  the  dollar  in 
any  one  year  upon  the  assessed  valuation  thereof  for  the  payment 
of  the  same.  Which  tax  so  levied  shall  be  extended  upon  the  tax 
lists  by  the  county  auditor  and  be  collected  by  the  county  treas- 
urer as  other  taxes  are  collected  and  shall  be  applied  upon  and  used 
for  the  payment  of  such  indebtedness,  and  shall  be  paid  to  the  cred- 
itors of  such  district  upon  the  warrant  of  the  county  auditor  coun- 
tersigned by  the  county  superintendent,  and  all  warrants,  bonds,, 
interest  coupons,  receipted  bills  or  accounts  shall  be  filed  in  the 
office  of  the  county  auditor  and  in  case  such  school  corporation  has 
a  bonded  indebtedness,  it  shall  be  the  duty  of  such  board  of  adjust- 
ers to  levy  a  tax  upon  the  property  of  such  district  sufficient  to  • 
create  a  sinking  fund  for  the  redemption  of  such  bonds  upon  the 
maturity  of  the  same,  such  sinking  fund  to  be  levied  and  provided . 
for  in  compliance  with  the  requirements  of  such  bonds. 

AKTICLE  9. — VACANCIES. 

§  726.  Vacancy  in  office  superintendent  public  instruc- 
tion filled  by  appointment.  Shouldla  vacancy  occur  in  the  office- 


46 


GENERAL      SCHOOL     LAWS. 


of  the  superintendent  of  public  instruction,  the  governor  shall  have 
power  and  it  shall  be  his  duty  to  fill  such  vacancy  by  appointment, 
which  appointment  shall  be  valid  until  the  next  general  election 
and  until  his  successor  is  elected  and  qualified. 

§  727.  Vacancy  in  office  of  county  superintendent. 
-Should  a  vacancy  occur  in  the  office  of  county  superintendent  of 
.schools,  the  board  of  county  commissioners  of  such  county  shall 
have  the  power  and  it  shall  be  their  duty  to  fill  such  vacancy  by  ap- 
pointment, as  provided  by  law,  which  appointment  shall  be  valid 
until  the  next  general  election.  The  county  auditor  shall  imme- 
diately notify  the  superintendent  of  public  instruction  of  such  ap- 
pointment. 

§  728.  Vacancy  in  office  of  director  or  treasurer,  how 
filled.  When  any  vacancy  occurs  in  the  office  of  director  or  treasurer 
of  a  school  district  by  death,  resignation,  removal  from  the  district, 
or  otherwise,  the  fact  of  such  vacancy  shall  be  immediately  certified 
to  the  county  superintendent  by  the  clerk  of  the  district,  and  such 
superintendent  shall  immediately  appoint  in  writing  some  compe- 
tent person,  who  shall  qualify  and  serve  until  the  next  annua" 
school  election.  The  county  superintendent  shall  at  the  same  time 
notify  the  clerk  of  the  school  district  and  the  county  auditor  of 
•every  such  appointment. 

§  729.  Vacancy  in  office  of  clerk,  how  filled.  Should  the 
office  of  clerk  of  a  school  district  become  vacant,  the  school  board 
;«hall  immediately  fill  sucli  vacancy  by  appointment  and  the  presi- 
dent of  the  board  shall  immdiately  notify  the  county  superintend- 
ent and  the  county  auditor  of  such  appointment. 

§  730.  Office,  when  deemed  vacant.  Any  office  of  a  school 
-district  shall  become  vacant  by  resignation  of  the  incumbent  there- 
of, but  such  resignation  shall  not  take  effect  until  a  successor  has 
qualified  according  to  law.  Any  office  of  a  school  district  .shall  be 
deemed  vacant  if  the  person  duly  elected  thereto  shall  neglect  or 
refuse  for  the  period  of  two  weeks  after  the  beginning  of  the  term 
for  which  he  was  elected,  to  accept  and  qualify  for  such  office  and 
serve  therein.  Any  school  officer  may  be  removed  from  office  by  a 
^court  of  competent  jurisdiction,  as  provided  by  law. 

ARTICLE  10. — EQUALIZATION  OF  INDEBTEDNESS. 

§  731.  Equalization  of  indebtedness  by  arbitration. 
After  the  boundaries  of  a  school  district  have  been  established,  as 
provided  for  in  this  chapter,  all  school  districts  or  parts  of  school 
districts  that  existed  as  school  corporations,  or  as  parts  thereof  be- 
fore the  taking  effect  of  this  code  and  that  are  now  included  in  one 
school  district  shall  effect  an  equalization  of  property,  funds  on 
hand  and  debts,  or  whenever  the  boundaries  of  two  or  more  dis- 
trict are  rearranged,  all  districts  affected  by  such  change  shall 
effect  an  equalization  of  .property,  funds  on  hand  and  debts.  To 
•effect  this  each  school  board  of  such  corporation,  constituting  a 


STATE    OF    NORTH    DAHfc^          ,*  47 


school  district  under  the  operation  of  this  chapter,  shall  select  one 
arbitrator,  and  the  several  arbitrators  so  ;selected,  together  with 
the  county  superintendent  shall  constitute  a  board  of  arbitration 
to  effect  such  equalization.  If  in  any  case  the  number  of  arbi- 
trators, including  the  county  superintendent,  shall  be  an  even  num- 
ber, the  county  treasurer  shall  be  included  and  be  a  member  of  such 
board.  The  county  superintendent  shall  fix  the  time  and  place  of 
.such  meeting. 

§  732.  Tax  to  equalize  and  pay  previous  debts.  Such 
board  shall  take  an  account  of  the  assets,  funds  on  hand,  the  debts 
properly  and  justly  belonging  to  or  chargeable  to  each  corporation 
or  part  of  a  corporation  affected  by  such  change,  and  levy  such  a 
tax  against  each  as  will  in  its  judgment  justly  and  fairly  equalize 
their  several  interests. 

§  733.  Maximum  annual  tax  levy  for  such  purposes. 
When  the  amounts  to  be  levied  upon  the  several  corporations  or 
parts  of  corporations  mentioned  in  the  preceding  section  shall  be 
fixed,  a  list  thereof  shall  be  made  wherein  the  amount  shall  be  set 
down  opposite  each  corporation.  The  whole  shall  be  stated  sub- 
stantially in  the  form  herein  required  for  certifying  school  taxes 
and  addressed  to  the  county  auditor,  and  shall  be  signed  by  a  ma- 
jority of  such  board  of  arbitration  ;  such  levy  shall  be  deemed  legal 
and  valid  upon  the  taxable  property  of  each  corporation  ;  provided, 
however,  that  not  more  than  fifteen  mills  thereof  shall  be  extended 
against  such  taxable  property  in  any  one  year,  and  such  a  levy  not 
exceeding  fifteen  mills  on  the  dollar  shall  be  extended  as  in  this 
section  provided,  from  year  to  year,  until  the  whole  amount  shall 
be  so  levied.  The  county  auditor  shall  preserve  such  levies  and 
shall  extend  the  several  rates  from  year  to  year,  as  above  required 
by  law  for  district  taxes  and  the  taxes  shall  be  collected  at  the 
same  time  and  in  the  same  manner  as  other  taxes  are  collected. 

§  734.  Proceeds  to  be  turned  over  to  the  respective  dis- 
tricts. Opposite  the  several  descriptions  of  property  on  the  tax  list 
shall  be  entered  the  school  district  within  which  it  lies,  and  all  the 
proceeds  of  these  equalizing  taxes  shall  be  collected  and  paid  over 
to  the  treasurer  of  the  proper  school  district  within  which  the  prop- 
erty is  situated.  The  proceeds  of  taxes  upon  parts  of  districts  lying 
outside  of  the  districts  as  at  present  constituted,  with  which  they 
were  equalized,  shall  be  paid  to  the  treasurer  of  the  school  district 
within  which  the  property  is  situated,  the  same  as  hereinbefore  pro- 
vided for  regular  taxes. 

§  735.  Maximum  tax  levy  for  all  school  purposes.  The 
taxes  levied  for  purposes  of  equalization  shall  be,  in  addition  to  all 
other  taxes  for  school  purposes;  provided,  that  all  taxes  for  school 
purposes,  including  such  taxes  for  equalization,  shall  not  exceed 
thirty  mills  on  the  dollar  in  any  one  year.  The  provisions  of  this 
article  shall  apply  to  and  govern  all  school  districts  and  parts  of 
•school  districts  hereafter  divided  or  consolidated  with  each  other, 


48  GENERAL     SCHOOL     LAWS, 

or  with  other  districts  in  the  division  uniting  or  apportionment  of 
their  debts  and  liabilities  or  property  and  assets. 

ARTICLE  11. — EXAMINATIONS  AND  CERTIFICATES. 

§  736.  Examinations  for  teachers'  certificates.  The  super- 
intendent of  public  instruction  shall  prepare  or  cause  to  be  pre- 
pared all  questions  for  the  examination  of  applicants  for  teachersr 
certificates,  both  county  and  state,  and  shall  prescribe  rules  for  the 
conduct  of  all  such  examinations. 

§  737.  Professional  certificate,  who  entitled.  He  may 
issue  a  state  certificate  to  be  valid  for  life,  unless  sooner  revoked, 
to  be  known  as  a  professional  certificate.  Such  certificate  shall  be 
issued  only  to  those  persons  of  good  moral  character,  who  pass  a 
thorough  examination  in  all  the  branches  included  in  the  courses 
of  study  prescribed  for  the  eornman  and  high  schools  of  the  stater 
including  methods  of  teaching  and  such  other  branches  as  the  sup- 
erintendent of  public  instruction  may  direct.  Such  certificates- 
shall  in  no  case  be  granted  unless  the  applicant  has  had  an  exper- 
ience as  a  teacher  of  at  least  five  years,  and  can  satisfy  the  superin- 
tendent of  his  ability  to  instruct  and  properly  manage  any  high 
school  of  the  state.  Such  certificate  shall  be  valid  throughout  the 
state,  and  the  holder  shall  be  authorized  to  teach  in  any  of  the  com- 
mon or  high  schools  of  the  state  without  further  examination ;  pro- 
vided, that  any  person  who  is  a  graduate  of  the  normal  course  in 
the  university  of  North  Dakota,  or  of  the  state  normal  schools  of 
North  Dakota,  and  has  had  three  years  successful  experience  after 
graduation  as  a  teacher,  may  be  granted  such  professional  certifi- 
cate without  further  examination;  provided,  further,  that  If  the 
holder  of  a  professional  certificate  shall  at  any  time  cease  to  teach 
or  to  be  engaged  in  other  active  educational  work  for  the  space  of 
three  years,  he  shall  be  liable  to  a  re-examination  and  to  the  can- 
cellation of  his  certificate,  subject  to  such  rules  as  may  be  pre- 
scribed by  such  superintendent. 

§  738.  Normal  certificate,  who  entitled.  He  may  issue 
a  state  certificate,  to  be  valid  for  a  term  of  five  years,  unless  sooner 
revoked,  to  be  known  as  a  normal  certificate.  Such  certificate  shall 
be  issued  only  to  those  persons  of  good  moral  character,  who  have 
completed  the  prescribed  course  of  study  in  one  of  the  normal 
schools  of  the  state,  or  in  a  normal  school  elsewhere  having  an  es- 
tablished reputation  for  thoroughness,  but  the  superintendent  of 
public  instruction  may  examine  any  such  applicant  in  his  discre- 
tion. Such  certificate  shall  not  be  granted  unless  the  applicant 
shall  have  taught  school  successfully  for  at  least  two  years.  Such 
certificate  shall  be  valid  throughout  the  state,  and  the  holder  shall 
be  authorized  to  teach  in  any  of  the  public  schools  of  the  state;  pro- 
vided, that  any  person  who  is  a  graduate  of  the  normal  course  in 
the  university  of  North  Dakota,  or  of  the  state  normal  schools  of 
North  Dakota,  and  who  has  had  one  year's  successful  experience 


STATE    OF    NORTH    DAKOTA.  49 


after  graduation  as  a  teacher,  may  be  granted  such  normal  certifi- 
cate without  further  examination;  provided,  further,  that  a 
diploma  from  either  of  the  normal  schools,  or  the  normal  depart- 
ment in  the  university  of  North  Dakota,  shall  for  the  period  of  two 
years  after  date  of  issue,  be  the  equivalent  of  a  first  grade  certifi- 
cate in  any  county  in  this  state,  if  the  party  holding  such  diploma 
has  the  required  age  specified  in  section  742. 

§  739.  Fee  for  certificate.  Certificate,  how  revoked.  The 
superintendent  shall  require  a  fee  of  five  dollars  from  each  appli- 
cant for  a  professional  or  normal  certificate,  which  fee  shall  be  used 
by  him  to  aid  in  the  establishment  and  maintenance  of  teachers' 
reading  circles  in  the  state.  He  shall  revoke  at  any  time  any  certifi- 
cate issued  in  the  state,  for  any  cause  which  would  have  been  suf- 
ficient ground  for  refusing  to  issue  the  same  had  the  cause  existed 
or  been  known  at  the  time  it  was  issued. 

§  740.  Examination  of  teachers  by  county  superintendent. 
The  county  superintendent  shall  hold  a  public  examination  of  all 
persons  over  eighteen  years  of  age  offering  themselves  as  candidates 
for  teachers  of  common  schools  at  the  most  suitable  place  in  the 
county,  on  the  second  Friday  in  March,  and  on  the  last  Friday  in 
May,  August  and  October  of  each  year,  and  when  necessary,  such 
examination  may  be  continued  on  the  following  day,  at  which  time 
he  shall  examine  them  by  a  series  of  written  or  printed  questions, 
according  to  the  rules  prescribed  by  the  superintendent  of  public 
instruction.  If,  from  the  percentage  of  correct  answers  required 
by  the  rules  and  other  evidence  disclosed  by  the  examination,  in- 
cluding particularly  the  superintendent's  knowledge  and  informa- 
tion of  the  candidate's  successful  experience,  if  any,  the  applicant 
is  found  to  be  a  person  of  good  moral  character,  to  possess  a  knowl- 
edge and  understanding,  together  with  aptness  to  teach  and  govern 
which  will  enable  such  applicant  to  teach  in  the  common  schools 
of  the  state  the  various  branches  required  by  law,  such  superin- 
tendent shall  grant  to  such  applicant  a  certificate  of  qualification. 

§  741.  Teachers'  grades,  how  established.  Re-examina- 
tion, when  allowed.  Such  certificates  shall  be  of  three  regu- 
lar grades,  the  first  grade  for  a  term  of  three  years,  the  second 
grade  for  a  term  of  two  years,  and  the  third  grade  for  one  year,  ac- 
cording to  the  ratio  of  correct  answers  of  each  applicant  and  other 
evidence  of  qualification  appearing  from  the  examination.  No  cer- 
tificate shall  be  granted  unless  the  applicant  shall  be  found  pro- 
ficient in  and  qualified  to  teach  the  following  branches  of  a  common' 
English  education:  Reading,  writing,  orthography,  language  les- 
sons and  English  grammar,  geography,  United  States  history,  arith- 
metic, civil  government,  physiology  and  hygiene,  and  for  a  first  and 
second  grade  can  pass  a  satisfactory  examination  in  theory  and 
practice  of  teaching.  In  addition  to  the  above,  applicants  for  a 
first  grade  certificate  shall  pass  a  satisfactory  examination  in  physi- 
cal geography,  elements  of  natural  philosophy,  elements  of  psycho- 


50  GENERAL  SCHOOL  LAWS, 

logy,  elementary  geometry  and  algebra.  The  percentage  required 
to  pass  any  branch  shall  be  prescribed  by  ,the  superintendent  of 
public  instruction.  In  addition  to  these  regular  grades  of  certifi- 
cates, the  county  superintendent  may  grant  permission  to  teach 
until  the  next  regular  examination  to  any  person  applying  at  any 
other  time  than  at  a  regular  examination,  who  can  show  satisfac- 
tory reasons  for  failing  to  attend  such  examination,  subject  to  such 
rules  and  regulations  as  may  be  prescribed  by  the  superintendent 
of  public  instruction.  Such  permit  shall  not  be  granted  more  than 
once  to  any  person.  The  written  answers  of  all  candidates  for 
county  certificates,  after  being  duly  examined  by  the  county  super- 
intendent, shall  be  kept  by  him  for  the  space  of  six  months  a,fter 
such  examination,  and  any  candidate  thinking  an  injustice  has  been 
done  him,  may  by  paying  a  fee  of  two  dollars  into  the  institute  fund 
of  the  county  and  notifying  both  the  county  (superintendent  and  the 
superintendent  of  public  instruction  of  the  same,  have  his  papers 
re-examined  by  the  superintendent  of  public  instruction.  The 
county  superintendent  shall  on  receipt  of  such  notice  from  such 
complaining  candidate  transfer  such  papers  to  the  superintendent 
of  public  instruction,  who  shall  examine  such  answers,  and,  if  such 
answers  warrant  it,  shall  instruct  the  county  superintendent  to  is- 
sue to  such  candidate  a  county  certificate  of  the  proper  grade,  and 
the  county  superintendent  shall  carry  out  such  instructions. 

§  742.  Qualifications  of  teachers.  Contracts,  when  void. 
No  certificate  or  permit  to  teach  shall  be  issued  to  any  person  under 
eighteen  years  of  age,  and  no  first  grade  certificate  shall  be  issued 
to  any  person  under  twenty  years  of  age,  and  who  has  not  taught 
jsuccessfully  twelve  school  months;  and  no  person  shall  be  allowed 
to  teach  more  than  fifteen  school monthson a  third  grade  certificate. 
"The  certificate  so  issued  by  a  county  superintendent  shall  be  valid 
only  in  the  county  where  issued;  provided,  that  a  first  grade  certifi- 
•  cate  may  be  renewed  once  without  examination  at  the  discretion  of 
the  county  superintendent,  upon  payment  of  the  proper  fee  for  the 
institute  fund  as  provided  in  the  case  of  examination;  provided, 
further,  that  a  first  grade  certificate  shall  be  valid  in  any  county  of 
the  state  when  indorsed  by  the  county  superintendent  of  such 
•county.  No  person  shall  be  employed  or  permitted  to  teach  in  any 
•of  the  public  schools  of  the  state,  except  those  in  cities  organized  for 
:school  purposes  under  special  laws,  who  is  not  the  holder  of  a  law- 
ful certificate  of  qualification,  or  permit  to  teach;  provided,  further, 
that  no  certificate  or  permit  to  teach  in  the  schools  of  the  state 
shall  be  granted  to  any  person  not  a  citizen  of  the  United  States, 
unless  such  person  has  resided  in  the  United  States  for  one  year  last 
prior  to  the  time  of  such  application  for  certificate  or  permit.  Any 
contract  made  in  violation  of  this  section  shall  be  void. 

§  743.  Fee  for  certificate.  Each  applicant  for  a  county 
•certificate  shall  pay  one  dollar  to  the  county  superintendent,  which 
shall  be  used  by  him  in  support  of  teachers'  institutes  in  the  county, 
or  in  the  support  of  teachers'  training  schools. 


STATE    OF    NORTH    DAKOTA.  51 

§  744.  Certificates,  when  revocable.  The  county  superin- 
tendent is  authorized  and  required  to  revoke  and  annul  at  any  time 
a  certificate  granted  by  him  or  his  predecessor  for  any  cause  which 
would  have  authorized  or  required  him  to  refuse  to  grant  it  if 
known  at  the  time  it  was  granted,  and  for  incompetency,  immoral- 
ity, intemperance,  cruelty,  crime  against  the  law  of  the  state,  re- 
fusal to  perform  his  duty,  or  general  neglect  of  the  business  of  the 
school.  The  revocation  of  the  certificate  shall  terminate  the  em- 
ployment of  such  teacher  in  the  school  where  he  may  be  at  the  time 
employed,  but  such  teacher  must  be  paid  up  to  the  time  of  receiv- 
ing notice  of  such  revocation.  The  superintendent  must  immediately 
notify  the  clerk  of  the  school  district  where  such  teacher  is  em- 
ployed and  he  may  notify  the  teacher  through  the  clerk  of  such  re- 
vocation, and  must  enter  his  action  in  such  case  in  the  books  of 
record  in  his  office. 

§  745.  Proceedings  to  revoke.  Teachers  allowed  defense. 
In  proceedings  to  revoke  a  certificate  the  county  superintendent 
may  act  upon  his  personal  knowledge  or  upon  competent  evidence 
obtained  from  others.  In  the  latter  case,  action  shall  be  taken  only 
after  a  fair  hearing,  and  the  teacher  must  be  notified  of  the  charge 
and  given  an  opportunity  to  make  a  defense  at  such  time  and  place 
as  may  be  stated  in  such  notice.  Upon  his  own  knowledge  the  sup- 
erintendent may  act  immediately  without  notice,  after  an  oppor- 
tunity has  been  afforded  such  teacher  for  personal  explanation. 
When  any  certificate  is  revoked  the  teacher  shall  return  it  to  the 
superintendent,  but  if  such  teacher  refuses  or  neglects  so  to  do  the 
superintendent  may  issue  notice  of  such  revocation  by  publication 
in  some  newspaper  printed  in  the  county. 

AKTICLE  12.  — DUTIES  OF  TEACHERS. 

§  746.  Give  notice  of  opening  and  closing  school.  Each 
teacher  on  commencing  a  term  of  school  shall  give  written  notice  to 
the  county  superintendent  of  the  time  and  place  of  beginning  such 
school  and  the  time  when  it  will  probably  close.  If  such  school  is 
to  be  suspended  for  one  week  or  more  in  such  term,  the  teacher 
shall  notify  the  county  superintendent  of  such  suspension. 

§  747.  When  teacher  not  entitled  to  compensation.  No 
teacher  shall  be  entitled  to  or  receive  any  compensation  for  the 
time  he  teaches  in  any  public  school  without  a  certificate  valid  and 
in  force  for  such  time  in  the  county  where  such  school  is  taught, 
except  that  if  a  teacher's  certificate  shall  expire  by  its  own  limita- 
tion within  six  weeks  of  the  close  of  the  term,  such  teacher  may 
finish  such  term  without  re-examination  or  renewal  of  such  certifi- 
cate. 

§  748.  Teacher's  register,  what  to  contain.  Each  teacher 
shall  keep  a  school  register,  and  at  the  close  of  each  term  make  a 
report,  containing  the  number  of  visits  of  the  county  superintend- 
ent, and  such  items  and  in  such  form  as  shall  be  required.  Such 


52  GENERAL  SCHOOL  LAWS, 

report  shall  be  made  in  duplicate,  both  copies  of  which  shall  be  sent 
to  the  county  superintendent,  who,  if  he  finds  such  report  to  be  cor- 
rect, shall  immediately  return  one  copy  to  the  district  clerk,  same 
to  be  filed  with  him.  No  teacher  shall  be  paid  the  last  .month's 
wages  in  any  term  until  such  report  shall  have  been  approved  by 
the  county  superintendent  and  one  copy  returned  to  the  district 
clerk. 

§  749.  School  year  and  school  week  denned.  Holidays, 
The  school  year  shall  begin  on  the  first  day  of  July  and  close  on 
the  thirtieth  day  of  June  of  each  year.  A  school  week  shall  consist 
of  five  days  and  a  school  month  of  twenty  days.  No  school  shall  be 
taught  on  a  legal  holiday  nor  on  any  Saturday.  A  legal  holiday  in 
term  time  falling  upon  a  day  which  otherwise  would  be  a  school 
day  shall  be  counted  and  the  teacher  shall  be  paid  therefor,  but  no 
teacher  shall  be  paid  for 'Saturday,  nor  be  permitted  to  teach  on 
Saturday,  to  make  up  for  the  loss  of  a  day  in  the  term. 

§  750.  Branches  to  be  taught  in  all  schools.  Each  teacher 
in  the  common  schools  shall  teach  pupils  when  they  are  sufficiently 
advanced  to  pursue  the  same,  the  following  branches:  Orthography, 
reading,  spelling,  writing,  arithmetic,  language  lessons,  English 
grammar,  geography,  United  States  history,  civil  government,  phy- 
siology and  hygiene,  giving  special  instruction  concerning  the  na- 
ture of,  alcoholic  drinks,  stimulants  and  narcotics,  and  their  effect 
upon  the  human  system;  physiology  and  hygiene  and  the  nature  of 
alcoholic  drinks,  stimulants  and  narcotics,  and  their  effect  upon  the 
human  system  shall  be  taught  as  thoroughly  as  any  branch  is  taught 
by  the  use  of  a  text  book  to  all  pupils  able  to  use  a  text  book  who 
have  not  thoroughly  studied  that  branch  and  orally  to  all  other 
pupils.  When  such  oral  instruction  is  given  as  herein  required,  a 
sufficient  time,  not  less  than  fifteen  minutes,  shall  be  given  to  such 
oral  instruction  for  at  least  four  days  in  each  school  week.  Each 
teacher  in  special  school  districts  and  in  cities  organized  for  school 
purposes  under  special  law  shall  conform  to  and  be  governed  by 
the  provisions  of  this  section. 

§  75 1.  Teachers'  institutes  and  teachers'  training  schools, 
how  noticed.  Penalty  for  failure  to  attend.  When  a  teachers* 
institute  or  teachers'  training  school  is  appointed  to  be  held  in  or 
for  any  county  it  shall  be  the  duty  of  the  county  superintendent 
to  give  written  or  printed  notice  thereof  to  each  teacher  in  the  pub- 
lic schools  of  the  county,  and  as  far  as  possible  to  all  others  not 
then  engaged  in  teaching,  who  are  holders  of  teachers'  certificates, 
at  least  ,ten  days  before  the  opening  of  such  institute  or  teachers7 
training  school  of  the  time  and  place  of  holding  it.  Each  teacher 
receiving  such  notice,  engaged  in  teaching  a  term  of  school  which 
includes  wholly  or  in  part  the  time  of  holding  such  institute  or 
teachers'  training  school,  shall  close  school  and  attend  the  same  and 
shall  be  paid  by  the  school  board  of  the  district  his  regular  wages 
as  teacher  for  the  time  he  attended  such  institute  or  teachers'  train- 


STATE    OF    NORTH    DAKOTA.  53 


ing  school,  as  certified  by  the  county  superintendent,  but  no  teacher 
shall  receive  pay  unless  he  has  attended  four  consecutive  days,  nor 
shall  any  teacher  receive  pay  for  more  than  five  days.  The  county 
superintendent  may  revoke  the  certificate  of  any  teacher  in  his 
county  for  inexcusable  neglect  or  refusal,  after  due  notice,  to  attend 
a  teachers'  institute  or  teachers'  training  school  held  for  such 
county.  The  provisions  of  this  section  shall  not  apply  to  high 
school  teachers,  nor  to  teachers  in  cities  organized  for  school  pur- 
poses under  a  special  law,  nor  to  teacher®  in  cities  organized  as  in- 
dependent districts  under  the  provisions  of  this  chapter. 

§  752.  Pupil  may  be  suspended  for  cause.  A  teacher  may 
suspend  from  school  for  not  more  than  five  days  any  pupil  for  in- 
subordination or  habitual  disobedience,  or  disorderly  conduct.  In 
such  case  the  teacher  shall  give  immediate  notice  to  the  parent  or 
guardian  of  such  pupil,  also  to  some  member  of  the  district  school 
board  of  such  suspension  and  the  reason  therefor. 

§  753.  Assignment  of  studies  to  pupils.  It  shall  be  the 
duty  of  the  teacher  to  assign  to  each  pupil  such  studies  as  he  is 
qualified  to  pursue,  and  to  place  him  in  the  proper  class  in  any 
studies  subject  to  the  provisions  in  section  750;  provided,  that  in  a 
graded  school  under  the  charge  of  a  principal  or  local  superintend- 
ent, such  principal  or  superintendent  shall  perform  this  duty.  In 
case  any  parent  or  guardian  is  dissatisfied  with  such  assignment  or 
classification,  the  matter  shall  be  referred  to  and  decided  by  the 
county  superintendent. 

§  754.  Bible  not  sectarian  book,  reading  optional  with 
pupil.  The  Bible  shall  not  be  deemed  a  sectarian  book.  It  shall 
not  be  excluded  from  any  public  school.  It  may  at  the  option  of 
the  teacher  be  read  in  school  without  sectarian  comment,  not  to 
exceed  ten  minutes  daily.  No  pupil  shall  be  required  to  read  it  nor 
be  present  in  the  school  room  during  the  reading  thereof  contrary 
to  the  wishes  of  his  parents  or  guardian  or  other  person  having  him 
in  charge.  Moral  instruction  tending  to  impress  upon  the  minds  of 
pupils  the  importance  of  truthfulness,  temperance,  purity,  public 
spirit,  patriotism,  and  respect  for  honest  labor,  obedience  to  parents 
and  due  deference  for  old  age,  shall  be  given  by  each  teacher  in  the 
public  schools. 

§  754«.  Physical  education.  Physical  education,  which  shall 
aim  to  develop  and  discipline  the  body  and  promote  health  through 
systematic  exercise,  shall  be  included  in  the  branches  of  study  re- 
quired by  law  to  be  taught  in  the  common  schools,  and  shall  be 
introduced  and  taught  as  a  regular  branch,  to  all  pupils  in  all  de- 
partments of  the  public  schools  of  the  state,  and  in  all  educational 
institutions  supported  wholly  or  in  part  by  money  from  the  state. 
It  shall  be  the  duty  of  all  boards  of  education  and  boards  of  educa- 
tional institutions,  receiving  money  from  the  state,  to  make  provis- 
ion for  daily  instruction  in  all  the  schools  and  institutions  under 
their  respective  jurisdiction,  and  to  adopt  such  method  or  methods 


54 


GENERAL  SCHOOL  LAWS, 


as  will  adapt  progressive  physical  exercise  to  the  development, 
health  and  discipline  of  the  pupils  in  the  various  grades  and  classes 
of  schools  and  institutions  receiving  aid  from  the  state. 

ARTICLE  13. — INSTITUTES,  ASSOCIATIONS  AND  READING  CIRCLE. 

§  755.  Teachers'  county  institute  fund.  All  money  re- 
ceived by  the  county  superintendent  from  examination  fees  for  the 
county  institute  fund,  and  all  money  paid  into  this  fund  from  the 
county  general  revenue  fund,  shall  be  used  by  him  to  aid  in  the  sap- 
port  of  teachers'  institutes  or  teachers'  training  schools,  to  be  held 
within  or  for  the  county  and  to  pay  necessary  expenses  incurred 
therein.  The  county  superintendent  shall  present  an  itemized 
statement,  duly  verified,  to  the  county  auditor  for  the  amount  of  all 
such  necessary  expenses  and  the  auditor  shall  issue  a  warrant 
therefor  as  provided  by  law.  The  county  superintendent  shall,  at 
the  end  of  each  year,  submit  a  full  and  accurate  statement  of  the 
receipts  and  expenditures  of  these  funds,  under  oath,  to  the  super- 
intendent of  public  instruction. 

§  756.  Appropriation  for  institute  fund.  Designation  of 
conductors.  There  is  hereby  appropriated  out  of  any  funds  in  the 
state  treasury,  not  otherwise  appropriated,  the  sum  of  fifty  dollars 
each  year  to  each  organized  county  in  the  state  in  which  there  are 
ten  or  more  resident  teachers,  which  shall  be  designated  as  the  state 
institute  fund  and  which  shall  be  used  exclusively  in  employing 
persons  of  learning,  ability  and  experience  ,as  conductors  of  teach- 
ers' institutes,  and  the  further  sum  of  ten  cents  a  mile  for  the  dis- 
tance actually  and  necessarily  traveled  by  a  lecturer  for  such  insti- 
tute. The  superintendent  of  public  instruction  after  consultation 
with  the  county  (superintendents  as  to  the  special  needs  and  wants 
of  their  respective  .counties,  shall  appoint  the  time,  place  and  dura- 
tion of  these  institutes  and  shall  designate  the  persons  to  act  as 
conductors  of  and  lecturers  at  such  institutes,  as  in  his  judgment 
the  needs  of  the  various  counties  demand. 

§  757.  Institute  funds,  how  paid  out.  It  shall  be  the  duty 
of  the  county  superintendent  in  all  cases  to  consult  with  the  super- 
intendent of  public  instruction  in  reference  to  the  management  of 
such  institute  or  teachers'  training  'school,  and  he  shall  carry  out 
the  suggestions  of  such  superintendent  as  to  the  modes  of  instruc- 
tion. No  salary  shall  be  paid  to  any  conductor  or  instructor  not 
previously  appointed  or  employed  as  herein  provided.  The  money 
hereby  appropriated  from  the  state  treasury  for  the  support  of 
teachers'  institutes  or  teachers'  training  schools  shall  be  paid  to  the 
persons  to  whom  it  is  due  by  warrant  of  the  state  auditor  upon  the 
state  treasurer,  which  shall  be  issued  upon  the  presentation  of  an 
account  in  due  form  receipted  by  the  person  to  whom  due  and  ap- 
proved by  the  superintendent  of  public  instruction;  provided,  that 
no  county  shall  receive  more  than  ten  dollars  from  such  appropria- 
tion for  the  payment  of  conductor's  salary  for  each  day  its  insti- 


STATE    OF    NORTH    DAKOTA.  55 


tute  is  in  session;  provided,  that  the  state  and  county  institute 
funds  specified  by  sections  756  and  755,  and  the  appropriation  speci- 
fied by  section  758  of  one  or  more  counties  may  be  applied  to  the 
support  of  a  teachers'  training  school  for  such  county  or  counties  at 
the  request  of  the  county  superintendent  for  such  county  or  coun- 
ties, with  the,  consent  and  under  the  direction  of  the  superintendent 
of  public  instruction;  provided,  further,  that  in  any  county 
where  a  teachers'  training  school  of  not  less  than  three  weeks'  dura- 
tion is  held,  the  conductor  of  such  training  school  shall  file  a  certi- 
fied statement  with  the  county  auditor  specifying  time  and  place  of 
such  teachers'  training  school,  and  also  certifying  the  total  number 
of  schools  in  said  county  as  reckoned  in  .determining  the  county  sup- 
erintendent's salary.  The  county  auditor  shall  file  a  copy  of  said 
statement  with  the  county  treasurer  who  shall,  thereupon,  trans- 
fer from  the  county  general  revenue  fund  to  the  county  institute 
fund,  the  sum  of  two  dollars  for  each  school  in  the  county,  as  per 
certified  statement  filed  with  the  county  auditor. 

§  758.  County  commissioners  may  aid  institutes.  The 
money  assigned  for  any  particular  institute  may  be  added  to  any 
fund  furnished  for  the  purpose  by  any  county,  and  the  institute  ex- 
tended as  long  as  the  entire  fund  will  allow.  If  a  sufficient  county 
fund  is  not  otherwise  provided,  the  board  of  county  commissioners 
may  appropriate  not  more  than  fifty  dollars  in  any  .county  each 
year  in  aid  of  institutes.  The  superintendent  of  public  instruction 
may  require  a  'Statement  of  the  amount  of  funds  the  county  has  on 
hand  for  this  purpose  at  any  time. 

ARTICLE  14. — COMPULSORY  ATTENDANCE. 

§  759.  School  age.  Who  exempt  from  compulsory  at- 
tendance. Every  parent,  guardian  or  other  person  having  control  of 
any  chili  between  eight  and  fourteen  years  of  age,  shall  be  required 
to  send  such  child  to  a  public  school  in  the  district,  city  or  village  in 
which  he  resides  at  least  twelve  weeks  in  each  school  year,  six 
weeks  of  which  shall  be  consecutive;  and  every  parent,  guardian  or 
other  person,  having  control  of  any  deaf  child  or  youth  between 
seven  and  twenty-one  years  of  age,  shall  be  required  to  send  such 
child  to  the  school  for  the  deaf  at  the  city  of  Devils  Lake,  for  at 
least  eight  months  in  each  school  year;  provided,  that  such  parent, 
guardian  or  other  person  having  control  of  any  child  shall  be  ex- 
cused from  such  duty  by  the  school  board  of  the  district  or  the 
board  of  education  of  the  city  or  village,  whenever  it  shall  be  shown 
to  their  satisfaction,  subject  to  appeal  as  provided  by  law,  that  one 
of  the  following  reasons  therefor  exists: 

1.  That  such  child  is  taught  for  the  same  length  of  time  in  a 
private  school,  approved  by  such  board;  but  no  school  shall  be  ap- 
proved by  such  board  unless  the  branches  usually  taught  in  the 
public  schools  are  taught  in  such  school. 

2.  That  such  child  has  already  acquired  the  branches  of  learning 
taught  in  the  public  schools. 


56  GENERAL  SCHOOL  LAWS, 

3.  That  such  child  is  in  such  a  physical  or  mental  condition  (as 
declared  by  the  county  physician  if  required  by  the  board),  as  to 
render  such  attendance  inexpedient  or  impracticable.  If  no  school 
is  taught  the  requisite  length  of  time  within  two  and  one-half  miles 
of  the  residence  of  such  child  by  the  nearest  route,  such  attendance 
will  not  be  enforced  but  this  provision  shall  not  apply  to  deaf 
children  in  the  state.  The  common  schools  provided  for  in  this 
chapter  shall  be  at  all  times  equally  free,  open  and  accessible  to  all 
children  over  six  and  under  twenty  years  of  age,  residents  of  the 
school  districts  where  they  are  held,  or  entitled  to  attend  school 
under  any  special  provisions  of  this  chapter,  subject  to  the  regula- 
tions herein  made  and  to  such  regulations  as  the  several  school 
boards  and  boards  of  education  may  prescribe  equitably  and  justly 
and  not  in  conflict  with  the  provisions  of  law. 

§  760.  Penalty.  Any  such  parent,  guardian  or  other  person 
failing  to  comply  with  the  requirements  of  the  foregoing  section, 
shall  upon  conviction  thereof  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  fined  in  a  sum  not  less  than  five  nor  more  than  twenty 
dollars  for  the  first  offense  and  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  the  second  and  every  subsequent  offense  with 
costs  in  each  case. 

§  761.  Prosecution  for  neglecting  this  duty.  It  shall  be 
the  duty  of  the  president  of  the  board  of  education  of  any  city, 
town  or  village,  or  the  president  of  the  school  board  of  any  dis- 
trict, to  inquire  into  all  cases  of  neglect  of  the  duty  prescribed  in 
this  article  and  ascertain  from  the  person  neglecting  to  perform 
such  duty,  the  reason  therefor,  if  any,  and  shall  forthwith  proceed 
to  secure  the  prosecution  of  any  offense  occurring  under  this  article, 
and  any  such  president  neglecting  to  secure  such  prosecution  for 
such  offense  within  fifteen  days  after  a  written  notice  has  been 
served  by  any  taxpayer  in  such  city,  town,  village  or  district,  or  by 
the  county  superintendent  in  such  county,  unless  such  person  so 
complained  of  shall  be  excused  by  the  board  of  education  or  school 
board  for  one  of  the  reasons  hereinbefore  stated,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  a 
sum  not  less  than  five  nor  more  than  twenty  dollars. 

§  762.  Child  labor  prohibited  during  school  hours.  No 
child  between  eight  and  fourteen  years  of  age  shall  be  employed  in 
any  mine,  factory  or  workshop  or  mercantile  establishment,  or,  ex- 
cept by  his  parents  or  guardian,  in  any  other  manner,  during  the 
hours  when  the  public  schools  in  the  city,  village  or  district  are  in 
session,  unless  the  person  employing  him  shall  first  procure  a  certi- 
ficate from  the  superintendent  of  schools  of  the  city  or  village,  if 
one  is  employed,  otherwise  from  the  clerk  of  the  school  board  or 
board  of  education,  stating  that  such  child  has  attended  school  for 
the  period  of  twelve  weeks  during  the  year,  as  required  by  law,  or 
lias  been  excused  from  attendance  as  provided  in  section  759;  and 
it  shall  be  the  duty  of  such  superintendent  or  clerk  to  furnish  such 


STATE    OF    NORTH    DAKOTA.  57 

certificate  upon  application  of  the  parent,  guardian  or  other  per- 
sons having  control  of  such  child,  entitled  to  the  same. 

§  763.  Penalty  for  violation.  Each  owner,  superintendent  or 
overseer  of  any  mine,  factory,  workshop  or  mercantile  establish- 
ment, and  any  other  person  who  shall  employ  any  child  between 
eight  and  fourteen  years  of  age  contrary  to  the  provisions  of  this 
article,  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  for  each  offense  in  a  sum  not  less  than  twenty  nor 
more  than  fifty  dollars  and  costs.  Each  person  authorized  to  sign 
a  certificate  as  prescribed  in  the  preceding  section,  who  certifies  to 
any  materially  false  statement  therein,  shall  be  fined  not  less  than 
twenty  nor  more  than  fifty  dollars  and  costs. 

§  764.  Prosecutions,'  how  brought.  Prosecutions  under  this 
; article  shall  be  brought  in  the  name  of  the  state  or  North  Dakota 
before  any  court  of  competent  jurisdiction,  and  the  fines  collected 
-shall  be  paid  over  to  the  county  treasurer  and  by  him  credited  to  the 
general  school  fund  of  the  state. 

ARTICLE  15. — FINES,  FORFEITURES  AND  PENALTIES. 

§  765.  Penalty  for  neglect  of  duty  by  school  director, 
"treasurer  or  clerk.  Each  person  duly  elected  to  the  office  of  direc- 
tor, treasurer  or  clerk  of  any  district,  who,  having  entered  upon  the 
duties  of  his  office,  shall  neglect  or  refuse  to  perform  any  duties 
required  of  him  by  the  provisions  of  this  chapter  shall  upon  convic- 
tion be  fined  in  the  sum  of  ten  dollars,  and  his  office  shall  be  deemed 
Tacant. 

§  766.  Penalty  for  false  election  returns.  Any  judge  or 
clerk  of  election,  school  district  clerk  or  county  auditor  who  will- 
fully violates  the  provisions  of  this  chapter  in  relation  to  elections 
or  who  willfully  makes  a  false  return  shall  upon  conviction  be 
deemed  guilty  of  a  felony. 

§  767.  Speculation  in  office  prohibited.  No  school  officer 
shall  personally  engage  in  the  purchase  of  any  school  bonds  or  war- 
rants, nor  shall  any  such  officer  be  personally  interested  in  any  con- 
tract requiring  the  expenditure  of  school  funds,  except  for  the  pur- 
chase of  fuel  and  such  supplies  as  are  in  daily  use,  but  not  includ- 
ing furniture,  or  the  expenditure  of  funds  appropriated  by  the  state, 
•county,  school  corporation  or  otherwise  for  any  school  purpose  con- 
nected with  his  office.  Any  violation  of  this  section  shall  be  a 
misdemeanor. 

§  768.  Penalty  for  unlawful  drawing  of  school  money. 
Any  person  who  draws  money  from  the  county  treasury,  who  is  not 
at  the  time  a  duly  qualified  treasurer  of  the  school  corporation  for 
which  he  draws  the  money  and  authorized  to  act  as  such,  shall  be 
guilty  of  a  misdemeanor  and  shall  upon  conviction  thereof  be  pun- 
ished by  a  fine  of  not  less  than  twenty-five  dollars. 

§  769.  Use  of  school  funds.  When  embezzlement.  Each 
treasurer  who  shall  loan  any  portion  of  the  money  in  his  hands  be- 


58  GENERAL  SCHOOL  LAWS, 

longing  to  any  school  district,  whether  for  consideration  or  not,  or 
who  shall  expend  any  portion  thereof  for  his  own  or  any  other  per- 
son's private  use,  is  guilty  of  embezzlement,  and  no  such  treasurer 
shall  pay  over  or  deliver  the  school  money  in  his  hands  to  any  officer 
or  person  or  to  any  committee  to  be  expended  by  him  or  them;  but 
all  public  funds  shall  be  paid  out  only  by  the  proper  treasurer  as 
hereinbefore  provided. 

§  770.  Action  to  recover  money  when  treasurer  fails  to 
pay  over.  If  any  person  shall  refuse  or  neglect  to  pay  over  any 
money  in  his  hands  as  treasurer  of  a  school  district  to  his  succes- 
sor in  office  his  successor  must,  without  delay,  bring  action  upon 
the  official  bond  of  such  treasurer  for  the  recovery  of  such  money. 

§  771.  Penalty,  when  indorsement  of  unpaid  warrants 
is  not  made.  Any  violation  by  a  district  treasurer  of  the  provisions 
of  this  chapter  requiring  indorsement  of  warrants  not  paid  for  want 
of  funds,  and  the  payment  thereof  in  the  order  of  presentation  and 
indorsement,  is  a  misdemeanor  punishable  by  a  fine  not  exceeding 
one  hundred  dollars.  * 

§  772.  Penalty  for  false  reports.  Each  clerk  or  treasurer 
of  a  district  who  willfully  signs  or  transmits  a  false  report  to  the 
county  superintendent  or  willfully  signs,  issues  or  publishes  a  false 
statement  of  facts  purporting  or  appearing  to  be  based  upon  the 
books,  accounts  or  records,  or  of  the  affairs,  resources  and  credit 
of  the  district  shall  upon  conviction  be  punished  by  a  fine  not  ex- 
ceeding fifty  dollars  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding fifteen  days. 

§  773.  Penalty  for  willful  disturbance  of  public  school. 
Each  person,  whether  pupil  or  not,  who  willfully  molests  or  dis- 
turbs a  public  school  when  in  session  or  who  willfully  interferes 
with  or  interrupts  the  proper  order  or  management  of  a  public 
school  by  act  of  violence,  boisterous  conduct  or  threatening  lan- 
guage, so  as  to  prevent  the  teacher  or  any  pupil  from  performing  his 
duty,  or  who  shall  in  the  presence  of  the  school  or  school  children 
upbraid,  insult  or  threaten  the  teacher  shall  upon  conviction  thereof 
be  punished  by  a  fine  not  exceeding  twenty-five  dollars  or  by  im- 
prisonment in  the  county  jail  for  a  period  not  exceeding  ten  days, 
or  by  both. 

§  774.  Proposals  for  contracts.  No  contract,  except  for 
teachers'  or  janitors'  wages,  involving  the  expenditure  of  school 
funds  or  money  appropriated  for  any  purpose  relating  to  the  educa- 
tional system  of  this  state  or  any  county,  district  or  school  corpo- 
ration therein,  when  the  amount  exceeds  one  hundred  dollars,  shall 
be  let  until  proposals  are  advertised  for,  and  after  such  advertise- 
ment, only  to  the  lowest  responsible  bidder.  Any  violation  of  this 
section  shall  be  a  misdemeanor. 

ARTICLE  16. — BONDS. 
§  775.     School  bonds,  how  issued.     Whenever  a  duly  con- 


STATE    OF    NORTH    DAKOTA. 


stituted  school  district,  including  independent  school  districts,  in 
any  organized  county  in  the  state  at  any  regular  or  special  meeting 
held  for  that  purpose,  shall  determine  by  a  majority  vote  of  all  the 
qualified  voters  of  such  school  district  present  at  each  meeting  and 
voting,  to  issue  school  district  bonds  for  the  purpose  of  building- 
and  furnishing  a  school  house  and  purchasing  grounds  on  which  to 
locate  the  same,  or  to  fund  any  outstanding  indebtedness,  or  for 
the  purpose  of  taking  up  any  outstanding  bonds,  the  district  school 
board  may  lawfully  issue  such  bonds  in  accordance  with  the  pro- 
visions of  this  article. 

§  776.  Notice  of  election  to  vote  bonds.  Before  the  ques- 
tion of  issuing  bonds  shall  be  submitted  to  a  vote  of  the  school 
district,  notices  shall  be  posted  in  at  least  three  public  and  conspic- 
uous places  in  such  district,  stating  the  time  and  place  of  such 
meeting,  the  amount  of  bonds  proposed  to  be  issued  and  the  time 
in  which  they  shall  be  made  payable.  Such  notices  shall  be  posted 
at  least  twenty  days  before  the  meeting,  and  the  voting  shall  be 
done  by  means  of  written  or  printed  ballots,  and  all  ballots  de- 
posited in  favor  of  issuing  bonds  shall  have  thereon  the  words  "for 
issuing  bonds,"  and  those  opposed  thereto  shall  have  thereon  the 
words  "against  issuing  bonds,'7  and  if  a  majority  of  all  the  votes- 
cast  shall  be  in  favor  of  issuing  bonds  the  school  board,  through  it* 
proper  officers  shall  forthwith  issue  bonds  in  accordance  with  such 
vote;  but  if  a  majority  of  all  votes  cast  are  against  issuing  bonds, 
then  no  further  action  can  be  had  and  the  question  shall  not  be 
again  submitted  to  a  vote  for  one  year  thereafter,  except  for  a  dif- 
ferent amount;  provided,  that  the  question  of  issuing  bonds  shall 
not  be  submitted  to  a  vote  of  the  district  and  no  meeting  shall  be 
called  for  that  purpose  until  the  district  school  board  shall  have 
been  petitioned  in  writing  by  at  least  one-third  of  the  voters  of  the 
district. 

§  777.  Bonds,  denomination  of.  Interest.  Limit  of  issue. 
The  denomination  of  the  bonds  which  may  be  issued  under  the 
provisions  of  this  article  shall  be  fifty  dollars  or  some  multiple  of 
fifty,  not  exceeding  five  hundred  dollars,  and  shall  bear  interest  at 
the  rate  of  not  exceeding  seven  per  cent  per  annum,  payable,  semi- 
annually  on  the  first  day  of  January  and  July  in  each  year,  in  ac- 
cordance with  interest  coupons  which  shall  be  attached  to  such 
bonds;  and  no  greater  amount  than  one  thousand  dollars  can  be 
issued  for  any  one  school  house  except  in  towns  and  villages  of  more 
than  two  hundred  inhabitants,  and  in  such  districts  the  amount, 
including  all  other  indebtedness,  shall  not  exceed  five  per  cent  of  itsv 
assessed  valuation,  and  may  be  made  payable  in  not  less  than  ten,, 
nor  more  than  twenty  years  frem  their  date. 

§778.  Bonds,  record  of  to  be  kept.  Whenever  any  bonds  are? 
issued  under  the  provisions  of  this  chapter  they  shall  be  litho! 
graphed  or  printed  on  bond  paper  and  shall  state  upon  their  face 
the  date  of  their  issue,  the  amount  of  the  bonds  to  whom  and  for* 


GENERAL     SCHOOL     LAWS, 


what  purpose  issued,  also  the  time  and  place  of  payment  and  the 
rate  of  interest  to  be  paid.  The}'  shall  have  printed  upon  the  mar- 
.gin  the  words  "Authorized  by  article  16  of  chapter  0  of  the  political 
•code  of  North  Dakota  of  1899."  Immediately  after  the  issuing  of 
school  bonds  pursuant  to  this  chapter  the  clerk  of  the  school  dis- 
trict so  issuing  its  bonds  shall  file  with  the  county  auditor  of  the 
•county  in  which  such  district  is  situated,  certified  copies  of  all  the 
proceedings  had  in  such  district  relative  to  the  issuing  of  such 
bonds  and  also  a  statement  of  the  amount  of  the  indebtedness  of  such 
•school  district;  and  before  any  of  the  bonds  are  disposed  of  they 
•shall  be  presented  to  the  county  auditor  of  the  county  in  which  the 
school  district  issuing  the  same  is  situated.  He  shall  carefully  ex- 
amine the  records  of  the  proceedings  of  such  school  district  upon 
the  question  of  issuing  such  bonds  as  the  same  are  filed  with  him  as 
hereinbefore  directed,  and  shall  satisfy  himself  by  the  evidence  thus 
furnished  whether  or  not  all  the  laws  of  the  state  relative  to  the  is- 
suing of  such  bonds  have  been  complied  with.  If  satisfied  that 
they  have  been  and  that  the  bonds  in  question  have  been  legally  is- 
sued, he  shall  in  a  book  kept  for  such  purpose  preserve  a  register  of 
"each  bond  showing  in  separate  columns  the  name  of  the  school  dis- 
trict issuing  the  bonds,  the  number  of  such  bonds,  the  denomina- 
tion thereof,  the  date  of  their  issue,  the  date  when  they  will  mature, 
"the  names  of  the  school  officers  executing  the  same  and  such  other 
facts  as  may  be  pertinent,  and  he  shall  then  indorse  on  each  of  such 
bonds  the  following  certificate: 
:  ^State  of  North  Dakota,  ) 
•County  of  ..............  js 

I,  ............  ,  county  auditor,  do  hereby  certify  that  the  within 

bond  is  issued  pursuant  to  law  and  is  within  the  debt  limit  pre- 
scribed by  the  constitution  of  the  state  of  North  Dakota,  and  in  ac- 
cordance with  the  vote  of  ........  school  district,   ........  at  a 

............  (regular  or  special)  meeting  held  on  the  ........  day 

-of  ........  ,  A.  D.  189.  .,  to  issue  bonds  to  the  amount  of  .......  ". 

dollars,  and  is  a  legal  and  valid  debt  of  such  school  district;  that 
such  bonds  are  duly  registered  in  this  office  and  that  such  school 
district  is  legally  organized  and  the  signatures  affixed  to  such 
bonds  are  the  genuine  signatures  of  the  proper  officers  of  such 
*chool  district. 

The  blanks  shall  be  filled  according  to  the  facts  and  the  cer- 
tificate officially  signed  by  the  county  auditor  and  attested  by  his 
official  seal.  Such  bonds  shall  be  signed  by  the  president  and  clerk 
•of  the  school  board  and  shall  be  registered  in  a  book  to  be  kept  by 
the  clerk  for  that  purpose  in  which  shall  be  entered  the  number, 
date  and  name  of  the  person  to  whom  issued  and  the  date  when  the 
•>nino  will  become  due. 

.  §  779.  Sinking  fund  and  interest  tax.  In  addition  to  the 
amount  that  may  already  be  assessed  under  existing  laws,  there 
shall  be  levied  upon  the  taxable  property  of  the  school  district  so  is- 


STATE    OP    NORTH    DAKOTA.  61 


suing  bonds  at  or  before  their  issuance,  and  collected  as  other  taxes, 
are  collected,  a  sum  sufficient,  not  exceeding  five  mills  on  the  dollar 
of  assessed  valuation  of  such  districts,  to  pay  interest  upon  such 
bonded  indebtedness,  and  after  five  years  in  like  manner  a  further 
tax  not  exceeding  two  mills  on  the  dollar  for  a  sinking  fund  to  be- 
used  in  payment  of  such  bonds  when  they  become  due  and  for  no 
other  purpose,  except  that  whenever  there  are  sufficient  funds  on 
hand,  belonging  to  such  sinking  fund,  the  school  board  may,  in  it&- 
-discretion,  purchase  any  of  the  outstanding  bonds  at  their  market 
value  and  pay  for  the* same  out  of  such  sinking  fund;  provided, 
that  the  school  district  board  may  designate  one  or  more  national 
or  state  banks  in  its  county  for  a  depository  for  such  sinking  fund,,, 
and  in  such  case  the  school  board  shall  advertise  for  at  least  twa 
weeks  in  some  newspaper  printed  in  the  county  for  sealed  pro- 
posals for  the  deposit  of  the  sinking  fund  of  such  school  district,, 
reserving  the  right  to  reject  any  and  all  bids,  and  satisfying  itself" 
of  the  responsibility  of  all  banks  proposing  to  act  as  depositories.. 
Before  any  bank  shall  be  designated  as  such  depository,  it  shall: 
present  to  the  school  board  a  sealed  proposal  stating  in  writing 
what  rate  of  interest  will  be  paid  for  the  deposit  of  such  sinking 
fund,  and  shall  submit  to  the  board  for  its  approval,  a  bond  payable- 
to  the  school  district  conditioned  for  the  safe  keeping  and  repay- 
ment of  any  funds  deposited  in  such  bank,  which  bond  shall  be- 
signed  by  not  less  than  three  freeholders  of  the  county  as  sureties, 
such  bond  to  be  in  the  sum  required  by  the  school  board,  but  in  no- 
case  less  than  double  the  probable  amount  of  funds  to  be  deposited 
in  such  bank.     The  approval  of  such  bond  shall  be  indorsed  thereon 
by  the  board  and  deposited  with  the  county  auditor,  and  any  bank 
whose  bond  shall  have  been  so  approved  shall  thereupon  be  desig- 
nated by  the  school  board  as  a  depository  for  the  sinking  fund,  and 
shall  continue  as  such,  until  such  time  as  the  board  shall  readvertise- 
for  bids  as  aforesaid,  or  until  such  funds  are  needed  for  the  pay- 
ment or  purchase  of  bonds  as  provided  in  this  section.     When  the 
sinking  fund  of  any  school  district  is  deposited  by  the  school  treas- 
urer in  the  name  of  the  school  district  in  such  depository,  such 
treasurer  and  his  sureties  shall  be  exempt  from  all  liability  thereon 
by  reason  of  loss  of  any  such  funds  from  the  failure,  bankruptcy  or- 
any  other  act  of  any  such  bank,  to  the  extent  only  of  such  funds 
in  the  hands  of  such  bank  or  banks  at  the  time  of  such  failure  or 
bankruptcy.     Such  depository  shall  furnish  to  the  school  district 
clerk  prior  to  the  fifth  day  of  July  of  each  year,  a  verified  statement 
of  the  school  district's  account  with  such  depository  for  the  year 
ending  June  thirtieth,  which  statement  shall  show  a  credit  to  such 
deposit  account  of  all  sums  of  interest  accruing  on  the  sinking  fund 
deposited. 

§  780.  Bonds,  how  negotiated.  When  any  bonds  shall  be- 
issued  under  the  provisions  of  this  article,  the  school  district  treas- 
urer shall  have  authority  to  negotiate  and  sell  such  bonds  for  not 


GENERAL     SCHOOL     LAWS, 


less  than  par,  and  the  said  school  district  treasurer  shall  apply  the 
proceeds  arising  from  the  sale  of  such  bonds  only  for  the  purpose 
of  building  and  furnishing  a  school  house  and  purchasing  grounds 
on  which  the  said  school  house  shall  be  located,  or  to  fund  any  out- 
standing indebtedness,  or  for  the  purpose  of  taking  up  any  out- 
standing bonds,  as  provided  by  section  775  of  this  article. 

§  781.  County  auditor  may  levy  tax  to  pay  bonds,  when. 
When  any  school  board  neglects  or  refuses  to  levy  a  tax  in  accord: 
ance  with  law  to  meet  outstanding  bonds  or  the  interest  thereon, 
the  county  auditor  shall  have  power  to  levy  such  tax  and  when  col- 
lected to  apply  the  proceeds  to  the  payment  of  such  coupons  and 
bonds. 

§  783.  Canceled  bonds,  record  of.  When  the  bonds  of  any 
school  district  shall  have  been  paid  by  the  school  board  they  shall 
be  canceled  by  writing  or  printing  in  red  ink  the  words  "canceled 
and  paid"  across  each  bond  and  coupon,  and  the  date  of  payment 
and  amount  paid  shall  be  entered  in  the  clerk's  register  against  the 
proper  number  of  the  bonds,  and  the  bonds  so  canceled  shall  be  filed 
in  the  office  of  the  district  treasurer  until  all  the  outstanding  bonds 
are  paid,  when  they  shall  be  destroyed  in  the  presence  of  the  full 
board. 

§  783.  Proposals  for  building  school  houses.  When  any 
school  house  is  built  with  funds  provided  for  in  the  manner  herein 
authorized,  the  school  board  shall  advertise  at  least  thirty  days  in 
some  newspaper  printed  in  the  county,  or  by  posting  notices  for  the 
same  length  of  time  in  at  least  three  of  the  most  public  and  conspic- 
uous places,  if  no  newspaper  is  published  in  the  county,  for  sealed 
proposals  for  building  and  furnishing  such  school  house  in  accord- 
ance with  plans  and  specifications  furnished  by  the  school  board, 
reserving  the  right  to  reject  any  and  all  bids,  and  if  any  of  the  pro- 
posals shall  be  reasonable  and  satisfactory  such  board  shall  award 
the  contract  to  the  lowest  responsible  bidder  and  shall  require  of 
such  contractor  a  bond  in  double  the  amount  of  the  contract,  con- 
ditioned that  he  will  properly  account  for  all  money  and  properly 
of  the  school  district  that  may  come  into  his  hands  and  that  he  will 
perform  the  conditions  of  his  contract  in  a  faithful  manner  and  in 
accordance  with  its  provisions;  and  in  case  all  the  proposals  are  re- 
jected, such  board  shall  advertise  anew  in  the  same  manner  as  be- 
fore until  a  reasonable  bid  shall  be  submitted. 

§  784.  Provisions  of  this  article,  how  applicable.  The 
provisions  of  this  article  shall  be  applicable  to  and  authorize  the  is- 
suance of  bonds  by  such  school  districts  as  have  already  built 
school  houses  and  issued  orders  or  warrants  therefor  and  any  such 
school  district  may  vote  to  bond  the  indebtedness  incurred  by  rea- 
son of  building  and  furnishing  a  school  house  and  purchasing  a  site 
for  the  same  and  bonds  may  be  issued  in  the  same  manner  as  here- 
inbefore provided  for  building  and  furnishing  school  houses. 


STATE    OF    NORTH    DAKOTA.  63 

ARTICLE  17. — SPECIAL  DISTRICTS. 

§  785.     Cities  governed  by  the  provisions  of  this  article. 

All  cities  and  incorporated  towns  and  villages  which  have  here- 
tofore been  organized  under  the  general  school  laws,  and  which 
are  provided  with  a  board  of  education,  shall  be  governed  by  the 
provisions  of  this  article.  Any  city  or  incorporated  town  or  vil- 
lage having  a  population  of  over  two  hundred  inhabitants  may  be 
constituted  a  special  school  district  in  the  manner  hereinafter  pre- 
scribed, and  shall  then  be  governed  by  the  provisions  of  this  ar- 
ticle; provided,  that  any  city  heretofore  organized  for  school  pur- 
poses under  a  special  act,  may  adopt  the  provisions  of  this  article, 
by  a  majority  vote  of  the  voters  therein,  in  the  same  manner  as  is 
provided  for  the  organization  of  a  new  corporation  under  the  pro- 
visions of  this  article. 

§  786.  Adjacent  territory,  how  attached  for  school 
purposes.  When  any  city,  town  or  village  has  been  organized 
for  school  purposes  and  provided  with  a  board  of  education  under 
any  general  school  law,  or  a  special  act,  or  under  the  provisions  of 
this  article,  territory  outside  the  limits  thereof  but  adjacent  thereto, 
may  be  attached  to  such  city,  town  or  village  for  school  purposes 
by  "the  board  of  education  thereof  upon  application  in  writing 
signed  by  a  majority  of  the  voters  of  such  adjacent  territory;  and 
upon  such  application  being  made,  if  such  board  shall  deem  it 
proper  and  to  be  the  best  interests  of  the  school  of  such  corpora- 
tion and  of  the  territory  to  be  attached,  an  order  shall  be  issued 
by  such  board  attaching  such  adjacent  territory  to  such  corpora- 
tion for  school  purposes,  and  the  same  shall  be  entered  upon  the 
records  of  the  board.  Such  territory  shall  from  the  date  of  such 
order  be  and  compose  a  part  of  such  corporation  for  school  purposes 
only;  such  adjacent  territory  shall  be  attached  for  voting  purposes 
to  such  corporation,  or  if  the  election  is  held  in  wards,  to  the  ward 
or  wards  or  election  precinct  or  precincts,  to  which  it  lies  adjacent; 
and  the  voters  thereof  shall  vote  only  for  school  officers  and  upon 
school  questions;  provided,  the  county  commissioners  may  detach 
such  adjacent  territory  from  any  special  district  and  attach  to  any 
adjacent  school  or  special  district  or  districts  upon  petition  to  do 
so,  signed  by  three-fourths  of  the  legal  voters  of  such  adjacent  ter- 
ritory, and  all  assets  and  liabilities  shall  be  equalized  according  to 
section  731. 

§  787.  Name  of  body  corporate.  Every  such  district  shall 
be  a  bodv  corporate  for  school  purposes  by  the  name  of  "The  board 
of  education  of  the  city,  town  or  village  (as  the  case  may  be)  of 
(here  insert  the  corporate  name  of  the  city,  town  or  vil- 
lage) of  the  state  of  North  Dakota,"  and  shall  possess  all  the  powers 
and  duties  usual  to  corporations  for  public  purposes  or  conferred 
upon  it  by  this  article  or  which  may  hereafter  be  conferred  upon  it 
by  law ;  and  in  such  name  it  may  sue  and  be  sued,  contract  and  be 
contracted  with,  and  hold  and  convey  such  real  and  personal  prop- 


64  GENERAL  SCHOOL  LAWS, 


erty  as  shall  come  into  its  possession  by  will  or  otherwise;  and  it 
shall  procure  and  keep  a  corporate  seal  by  which  its  official  acts- 
may  be  attested. 

§  788.  Conveyance  of  school  property,  how  executed.. 
Any  such  city  or  incorporated  town  or  village  is  authorized  and  re- 
quired, upon  the  request  of  the  board  of  education,  to  convey  to-- 
such board  of  education  all  property  within  the  limits  of  any  such 
corporation  heretofore  purchased  by  it  for  school  purposes  and  now 
held  and  used  for  such  purposes,  the  title  to  which  is  vested  in  any 
such  civil  corporation.  All  conveyances  for  such  property  shall  be 
signed  by  the  mayor  or  president  of  the  board  of  trustees  and  at- 
tested by  the  clerk  of  such  corporation,  and  shall  have  the  seal  of 
the  corporation  affixed  thereto  and  be  acknowledged  by  the  mayor 
or  president  in  the  same  manner  as  other  conveyances  of  real  estate. 

§  789.  Special  school  districts,  how  organized.  When 
a  petition  signed  by  one-third  of  the  voters  of  a  city,  incorporated 
town  or  village  or  a  school  district,  in  which  is  located  a  city  or  in- 
corporated town  or  village  entitled  to  vote  at  such  election,  is  pre- 
sented to  the  council  or  trustees  of  such  city,  incorporated  town  or 
village  or  school  district,  asking  that  such  city,  incorporated  town 
or  village  or  school  district  be  organized  as  a  special  school  dis- 
trict, such  council  or  board  of  trustees  shall  within  ten  days  order 
an  election  for  such  purpose,  notice  of  which  shall  be  given,  and  the 
election  conducted  and  the  returns  made  in  the  manner  provided 
by  law  for  the  annual  school  election;  and  the  voters  of  such  city, 
incorporated  town  or  village  or  school  district  shall  vote  for  or 
against  organization  as  a  special  school  district  at  such  election. 

§  790.  Election  of  board  of  education.  If  a  majority  of 
the  votes  cast  at  such  election  is  for  organization  as  a  special  school 
district,  another  election  shall  be  called  in  the  same  manner  as  is 
prescribed  in  the  foregoing  section,  at  which  the  voters  of  such  city, 
incorporated  towrn  or  village  or  school  district  shall  elect  five  mem- 
bers of  the  board  of  education,  two  of  whom  shall  serve  until  the 
first  annual  election,  two  until  the  second  annual  election,  and  one 
until  the  third  annual  election  thereafter,  and  until  their  successors 
are  elected  and  qualified,  and  their  respective  terms  shall  be  deter- 
mined by  lot. 

§  791.  Terms  of  office.  Quorum.  The  board  of  education 
of  each  special  district  shall  consist  of  five  members  who  shall  be 
elected  by  the  legal  voters  thereof  and  who  shall  hold  their  office 
for  the  term  of  three  years  and  until  their  successors  are  elected 
and  qualified,  except  as  provided  for  first  elections  under  this  arti- 
cle, and  three  members  shall  constitute  a  quorum  for  the  trans- 
action of  business  at  any  legal  meeting. 

§  792.  Members  not  to  be  interested  in  school  contracts. 
The  members  of  such  board  shall  receive  no  compensation,  and  shall 
not  be  interested,  directly  or  indirectly,  in  any  contract  for  making 
any  improvements  or  repairs  or  for  erecting  any  building  or  for 
furnishing  any  material  or  supplies  for  their  district. 


1  *    *  ), 
UNIVERSITY 


STATE    OP    NORTH    DAKOTA.  65 

§  793.  Annual  and  special  meetings  of  board.  The 
annual  meeting  of  such  board  of  education  shall  be  held  on  the 
second  Tuesday  in  July  following  the  annual  election,  at  which  time 
the  newly  elected  members  shall  assume  the  duties  of  their  office. 
Each  board  shall  meet  for  the  transaction  of  business  as  often  as 
once  in  each  calendar  month  thereafter  and  may  adjourn  for  a 
shorter  time.  Special  meetings  may  be  called  by  the  president  or 
in  his  absence  by  any  two  members  of  the  board  by  giving  a  per- 
sonal notice  to  each  member  of  the  board  or  by  causing  a  written 
or  printed  notice  to  be  left  at  his  last  place  of  residence  at  least 
forty -eight  hours  before  the  time  of  such  meeting. 

§  794.  Organization  of  board.  At  the  annual  meeting  on 
the  second  Tuesday  in  July  of  each  year  such  board  of  education 
shall  organize  by  electing  a  president  from  among  its  members  who 
shall  serve  for  one  year;  and  they  shall  also  elect  a  clerk,  not  one 
of  their  own  number,  who  shall  hold  his  office  during  the  pleasure  of 
the  board  and  receive  such  compensation  for  his  services  as  shall 
be  fixed  by  the  board.  In  the  absence  of  the  president  at  any  meet- 
ing, a  president  pro  tempore  may  be  elected  by  the  board. 

§795.  Duties  of  president.  The  president  shall  preside  at  all 
meetings  of  the  board,  appoint  all  committees  whose  appointment  is 
not  otherwise  provided  for  and  sign  all  warrants  ordered  by  the 
board  to  be  drawn  upon  the  treasurer  for  school  moneys  and  per- 
form other  acts  required  by  law. 

§  796.  Duties  of  clerk.  Records.  The  clerk  shall  keep  a  true 
record  of  all  the  proceedings  of  the  board,  take  charge  of  its  books 
and  documents,  countersign  all  warrants  for  school  moneys  drawn 
upon  the  treasurer  by  order  of  the  board  and  affix  the  corporate  seal 
thereto  and  perform  such  other  duties  as  the  board  may  require. 
The  records,  books,  vouchers  and  papers  of  the  board  shall  be  open 
to  examination  by  any  taxpayer  of  the  district.  Such  record  or  a 
transcript  thereof  certified  by  the  clerk  and  attested  by  the  seal  of 
the  board,  shall  be  received  in  all  courts  as  priina  facie  evidence  of 
the  facts  therein  set  forth. 

§  797.  Powers  and  duties  of  board.  Each  board  of  educa- 
tion shall  have  power  and  it  shall  be  its  duty: 

1.  To  establish  a  system  of  graded  common  schools,  which  shall 
be  free  to  all  children  of  legal  school  age,  residing  within  such 
special  district,  and  shall  be  kept  open  not  less  than  six  nor  more 
than  ten  months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in  its  city,  town  or 
village  as  it  shall  deem  requisite  or  expedient  and  to  change  or  dis- 
continue the  same. 

3.  To  establish  and  maintain  a  high  school,  whenever  in  its 
opinion  the  educational  interests  of  the  corporation  demand  the 
same,  in  which  such  courses  of  study  shall  be  pursued  as  shall  be 
prescribed  or  approved  by  the  superintendent  of  public  instruction, 
together  with  such  additional  courses  as  such  board  of  education 
may  thereafter  deem  advisable  to  establish. 


GENERAL     SCHOOL     LAWS, 


4.  To  purchase,  sell,  exchange  and  hire  school  houses  and  rooms, 
lots  or  sites  for  school  houses,  and  to  fence  and  otherwise  improve 
them  as  it  deems  proper. 

5.  Upon  such  lots  and  upon  such  sites  as  may  be  owned  by  such 
special  district  to  build,  alter,  enlarge,  improve  and  repair  school 
houses,  outhouses  and  appurtenances  as  it  may  deem  advisable. 

6.  To  purchase,  sell,  exchange,  improve  and  repair  school  ap- 
paratus, text  books  for  the  use  of  the  pupils,  furniture  and  append- 
ages and  to  provide  fuel  for  the  schools. 

7.  To  have  the  custody  of  all  school  property  of  every  kind  and 
to  see  that  the  ordinances  and  by-laws  of  the  city  or  village  in  rela- 
tion thereto  are  observed.  • 

8.  To  contract  with,  employ  and  pay  all  teachers  in  such  schools 
and  to  dismiss  and  remove  for  cause  any  teacher  whenever  the  in- 
terests of  the  school  may  require  it;  but  any  such  teacher  shall  be 
required  to  hold  a  certificate  to  teach,  issued  by  the  county  super- 
tendent  or  the  superintendent  of  public  instruction,  and  if  any  such 
teacher  holds  only  a  county  certificate  the  board  may  impose  such 
further  requirements  as  the  best  interests  of  the  several  grades 
may  require.     No  person  who  is  a  relative  of  any  member  of  the 
board  shall  be  employed  as  teacher  without  the  concurrence  of  the 
entire  board. 

9.  To  employ,  should  it  deem  expedient,  a  competent  and  dis- 
creet person  as  superintendent  of  schools  and  to  fix  and  pay  a  proper 
compensation  therefor,  and  such  superintendent  may  be  required  to 
act  as  principal  or  teacher  in  such  school. 

10.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may  deem  expedient, 
rules  and  regulations  for  organizing,  grading,  government  and  in- 
struction and  the  reception  of  pupils,  their  suspension  and  expul- 
sion and  their  transfer  from  one  school  to  another.    But  no  pupil 
shall  be  suspended  or  expelled  except  for  insubordination,  habitual 
disobedience  or  disorderly  conduct;  such  suspension  shall  not  be  for 
^a  longer  period  than  ten  days,  nor  such  expulsion  beyond  the  end 
of  the  current  term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each  year,  all  the 
public  schools  in  the  city  or  village. 

13.  To  make  a  report  on  July  first,  or  as  soon  thereafter  as  prac- 
ticable, of  the  progress,  prosperity  and  condition,  financial  as  well 
as  educational,  of  all  the  schools  under  its  charge,  a  copy  of  which, 
together  with  such  further  information  as  shall  be  required  by  the 
superintendent  of  public  instruction,  shall  be  forwarded  to  the 
•county  superintendent,  the  same  as  reports  are  made  by  other 
school  districts  ;  and  such  report  or  such  portion  thereof  as  the  board 
of  education  shall  consider  advantageous  to  the  public,  shall  be 
published  in  a  newspaper  in  the  city  or  village,  and  in  cities  and  vil- 
lages of  over  eight  hundred  inhabitants  it  may  be  published  in 
pamphlet  form. 


STATE    OF    NORTH    DAKOTA.  67 

14.  To  admit  children  of  persons  not  living  in  such  special  dis- 
trict into  the  schools  of  such  district,  and  to  fix  and  collect  the  tui- 
tion therefor,  if  in  its  judgment  the  best  interests  of  the  school  will 
permit. 

15.  To  cause  an  enumeration  of  the  children  of  school  age  within 
such  special  district,  including  those  residing  in  any  territory  there- 
to attached  for  school  purposes,  to  be  made  annually,  as  provided 
for  other  school  districts,  and  return  the  same  to  the  county  super- 
intendent. 

§  798.  Treasurer,  custodian  of  school  moneys.  All  moneys 
from  whatever  source,  which  the  board  of  education  of  any  special 
district  shall  by  law  be  authorized  to  receive,  shall  be  paid  over  to 
the  treasurer  of  such  board  and  he  shall  charge  the  same  to  the 
proper  fund. 

§  799.  Schools  under  supervision  of  whom.  The  schools 
of  each  special  district  shall  be  under  the  immediate  supervision  of 
the  board  of  education  or  the  school  superintendent  appointed  by 
such  board,  subject  to  such  general  directions  and  supervision  by 
the  county  superintendent  as  are  provided  for  in  this  chapter. 

§  800.  Taxable  property.  The  taxable  property  of  the  whole 
school  corporation  including  the  territory  attached  for  school  pur- 
poses, shall  be  subject  to  taxation.  All  taxes  collected  for  the  ben- 
efit of  the  school  shall  be  paid  in  money,  and  shall  be  placed  in  the 
hands  of  the  treasurer,  subject  to  the  order  of  the  board  of  educa- 
tion. 

§  801.  Annual  school  tax.  The  board  of  education  shall  on 
or  before  the  twentieth  day  of  July  of  each  year  levy  a  tax  for  the 
support  of  the  schools  of  the  corporation,  including  any  expendi- 
tures allowed  by  law,  for  the  fiscal  year  next  ensuing,  not  exceeding 
in  any  one  year  thirty  mills  on  the  dollar  on  all  the  real  and  per- 
sonal property  within  the  district  which  is  taxable  according  to  the 
laws  of  this  state,  the  amount  of  which  levy  the  clerk  of  the  board 
shall  certify  to  the  county  auditor,  who  is  authorized  and  required 
to  place  the  same  on  the  tax  roll  of  such  county  to  be  collected  by 
the  county  treasurer  as  other  taxes  and  paid  over  by  him  to  the 
treasurer  of  the  board  of  education,  of  whom  he  shall  take  a  receipt 
in  duplicate,  one  of  which  he  shall  file  in  his  office  and  the  other  he 
shall  forthwith  transmit  to  the  clerk  of  the  board  of  education. 

§  802.  Expenditures.  Contracts.  No  expenditures  involv- 
ing an  amount  greater  than  one  hundred  dollars  shall  be  made  ex- 
cept in  accordance  with  the  provisions  of  a  written  contract,  and  no 
contract  involving  an  expenditure  of  more  than  five  hundred  dol- 
lars for  the  purpose  of  erecting  any  public  buildings  or  making  any 
improvements  shall  be  made  except  upon  sealed  proposals  and  to 
the  lowest  responsible  bidder,  after  public  notice  for  ten  days  pre- 
vious to  receiving  such  bids. 

§  803.  Treasurer.  The  treasurer  of  any  city,  town  or  village 
comprising  a  special  district  shall  be  treasurer  of  the  board  of  edu- 
cation thereof. 


58  GENERAL  SCHOOL  LAWS, 

§  804.  Treasurer,  duties  of.  The  treasurer  of  each  board  of 
education  shall  keep  a  true  account  of  the  receipts  and  expendi- 
tures of  the  various  funds  separately,  and  shall  prepare  and  submit 
in  writing  a  quarterly  report  of  the  state  of  the  finances  of  the  dis- 
trict and  shall,  when  required,  produce  at  any  meeting  of  such 
board  or  any  committee  appointed  for  the  purpose  of  examining  his 
accounts,  all  books  and  papers  pertaining  to  his  office.  He  shall 
safely  keep  in  his  possession  or  under  his  control  all  school  moneys 
coming  into  his  hands,  and  shall  pay  out  such  moneys  only  upon  a 
warrant  signed  by  the  president,  countersigned  by  the  clerk  and 
attested  by  the  corporate  seal  of  the  board. 

§  805.  Treasurer's  bond.  The  treasurer  of  the  board  shall 
execute  a  bond  to  such  board,  with  sufficient  sureties  to  be  approved 
by  the  board,  in  such  sum  and  as  such  board  may  from  time  to  time 
require,  as  near  as  can  be  ascertained  in  double  the  amount  of  the 
moneys  likely  to  come  into  his  hands,  conditioned  for  the  faithful 
discharge  of  his  duties  as  treasurer;  which  bond  shall  be  in  addition 
to  his  bond  to  the  city,  town  or  village.  In  case  of  the  failure  of 
the  city,  town  or  village  treasurer  to  give  such  bond  within  ten  days 
after  being  required  so  to  do  by  such  board  of  education,  such  treas- 
urer's office  shall  become  vacant,  and  the  council  or  board  of  trus- 
tees of  such  city,  town  or  village  shall  appoint  another  person  in 
his  place,  who  shall  give  such  additional  bond. 

§  806.  Board  assumes  control  after  equalization  of  debts 
and  property.  When  any  board  of  education  shall  be  organized 
under  the  provisions  of  this  article,  it  shall,  after  the  equalization 
hereinafter  provided  for,  assume  control  of  the  schools  of  the  city, 
town  or  village  and  shall  be  entitled  to  the  possession  of  all  prop- 
erty of  the  former  district  or  districts  or  parts  thereof  lying  within 
such  city,  town  or  village,  for  the  use  of  schools.  Such  board  shall 
also  be  entitled  to  its  due  proportion  of  all  moneys  on  hand  and 
taxes  already  levied  but  not  collected,  and  shall  be  liable  for  a 
proper  amount  of  the  debts  and  liabilities  of  such  former  district,  to 
be  determined  in  the  manner  provided  in  this  chapter  for  the  equal- 
ization, determination  and  division  of  debts,  property  and  assets  of 
school  districts  consolidated  or  divided. 

§  807.  Special  district  may  become  part  of  general  district, 
when.  Any  special  district  organized  under  the  general  school  laws 
and  provided  with  a  board  of  education  may  become  a  part  of  the 
school  district  in  which  it  is  located,  whenever  it  is  so  decided  by  a 
majority  vote  of  the  school  electors  of  the  city,  town  or  village  and 
of  such  school  district  voting  at  an  election  called  for  that  purpose. 
An  election  for  such  purpose  shall  be  ordered  and  proper  notice 
thereof  given  by  the  board  of  education  and  the  school  board  of 
such  district  in  the  same  manner  as  is  required  for  the  election  of 
school  officers  in  such  district,  when  petitioned  by  one-third  of  the 
voters  resident  in  such  district,  and  when  so  united  the  determin- 
ation and  division  of  the  debts,  property  and  assets  shall  be  made 


STATE    OF    NORTH    DAKOTA.  59 


by  arbitration  as  provided  in  this  chapter  for  school  districts  con- 
solidated or  divided.  Villages  not  incorporated  but  heretofore  or- 
ganized under  the  general  school  laws  and  provided  with  a  board 
of  education  shall  become  a  part  of  the  school  district  in  which 
they  are  located  and  the  determination  and  division  of  the  prop- 
erty, debts  and  assets  shall  be  made  by  arbitration  as  aforesaid. 

§  808.  Election  of  boards  of  education  in  special  districts. 
On  the  third  Tuesday  in  June  each  year  an  election  shall  be  held  in 
each  special  district  at  which  such  members  of  the  board  of  edu- 
cation shall  be  elected  at  large  as  shall  be  necessary  to  fill  all  va- 
cancies therein  caused  by  expiration  of  terms  of  office  or  otherwise, 
and  each  member  elected  shall  serve  for  a  term  of  three  years  com- 
mencing on  the  second  Tuesday  in  July  following  his  election  and 
until  his  successor  is  elected  and  qualified,  except  when  elected  to 
serve  an  unexpired  term.  The  polls  shall  be  open  at  9  o'clock  A. 
M.  and  kept  open  until  4  o'clock  P.  M.  on  the  day  of  such  election. 

§  809.  Notice  of  election,  contents  of.  Such  election  shall 
be  called  by  the  board  of  education  of  such  special  district,  wrhich 
shall  cause  notice  thereof  to  be  posted  or  published  as  required  by 
law  for  the  annual  election  of  civil  officers  in  the  city,  town  or  vil- 
lage comprising  such  special  district;  such  notice  shall  be  signed 
by  the  clerk,  or,  in  his  absence,  by  the  president  of  the  board  of 
education  of  such  district,  and  shall  state  the  time  and  place  of 
holding  such  election  and  what  officers  are  to  be  elected  and  their 
terms. 

§  810.  Notice  of  election,  form  of.  Such  notice  shall  be  in 
substantially  the  following  form: 

Notice  is  hereby  given,  that  on  Tuesday  the day  of  June 

A.  D ,  an  annual  election  will  be  held  at (here  insert 

polling  place)  for  the  purpose  of  electing  the  following  members  of 

the  board  of  education (here  insert  terms  for  which  they  are 

to  be  elected),  for  the  city,  town  or  village  of (here  insert 

name)  and  the  polls  will  be  open  at  nine  o'clock  A.  M.  and  closed  at 
four  o'clock  P.  M.  of  that  day. 

By  order  of  the  board  of  education. 

Signed , 

Clerk. 

§  81 1.  Election  precincts  and  officers  of  election.  At  least 
fifteen  days  prior  to  such  election  the  board  of  education  of  each 
special  district  shall  designate  one  polling  place  and  appoint  two 
persons  to  act  as  judges  and  two  persons  to  act  as  clerks.  Before 
opening  the  polls  each  of  such  judges  and  clerks  shall  take  an  oath 
that  he  will  perform  his  duties  as  judge  or  clerk  (as  the  case  may 
be)  according  to  law  and  to  the  best  of  his  ability,  which  oath  may 
be  administered  by  any  officer  authorized  to  administer  oaths  or 
by  either  of  said  judges  or  clerks  to  the  others. 

§  812.  Canvass  of  returns.  Such  election  shall  be  conducted 
and  the  votes  canvassed  in  the  manner  provided  by  law  for  elec- 


70 


GENERAL     SCHOOL     LAWS, 


tions  of  county  officers,  and  returns  shall  be  made  showing  the 
number  of  votes  cast  for  each  person  for  any  office,  which  shall  be 
signed  by  the  judges  and  clerks  of  election,  and  the  person  receiv- 
ing the  highest  number  of  votes  for  each  office  in  the  district  shall 
be  declared  elected,  and  the  returns  shall  be  filed  with  the  clerk  of 
the  board  of  education  within  two  days  thereafter. 

§  813.  Certificates  of  election.  The  clerk  of  the  board  shall 
give  to  each  person  elected  at  such  election  a  certificate  stating  that 
he  was  duly  elected  as  a  member  of  the  board  of  education  and  the 
time  he  is  to  take  the  oath  and  enter  upon  the  duties  of  his  office. 
Such  clerk  shall  also  certify  as  soon  as  possible  to  the  county  sup- 
erintendent of  schools  the  persons  so  elected  and  their  terms. 

§  814.  Vacancies,  how  filled.  The  board  of  education  of  each 
city,  town  and  vijlage  shall  have  power  to  appoint  a  person  to  fill 
any  vacancy  which  may  occur  in  the  board;  and  such  appointee 
shall  hold  his  office  until  the  next  annual  school  election,  at  which 
time  a  person  shall  be  elected  to  serve  for  the  unexpired  term;  "out 
if  such  vacancy  shall  occur  within  ten  days  before  an  annual  elec- 
tion, such  appointee  shall  hold  office  until  the  annual  election  in  the 
following  year.  When  any  such  appointment  shall  be  made  the 
clerk  shall  certify  the  same  to  the  county  superintendent. 

§  815.  Oath' of  office.  Before  entering  upon  the  duties  of  his 
office  each  person  elected  or  appointed  as  a  member  of  the  board  of 
education,  shall  take  the  oath  or  affirmation  prescribed  in  section 
211  of  the  constitution,  which  oath  shall  be  filed  with  the  clerk  of 
the  board. 

§  816.  Bonds,  how  and  when  issued.  Whenever  the 
taxes  authorized  by  law  shall  not  be  sufficient  or  shall  be 
deemed  by  the  board  of  education  to  be  burdensome,  bonds  may 
be  issued  and  negotiated  for  the  purpose  of  raising  money  to  pur- 
chase a  site  or  to  erect  suitable  buildings  thereon,  or  to  fund  any 
outstanding  indebtedness,  or  for  the  purpose  of  taking  up  any 
outstanding  bonds,  of  the  school  corporation;  provided,  that  the 
issuance  of  such  bonds  shall  first  be  authorized  by  the  voters  of 
such  special  district  as  hereinafter  prescribed.  (Such  bonds  shall 
be  signed  by  the  president  and  clerk  and  attested  by  the  corporate 
seal  of  the  board,  shall  bear  the  date  of  their  issue,  and  be  payable 
in  not  less  than  five  nor  more  than  twenty  years  from  their  date, 
at  such  place  as  shall  be  designated  upon  their  face.  The  demon- 
inations  of  the  bonds  which  may  be  issued  under  the  provisions  of 
this  article  shall  be  fifty  dollars  or  some  multiple  of  fifty,  and  shall 
bear  interest  at  not  more  than  seven  per  cent  per  annum,  payable 
semi-annually  on  the  first  day  of  January  and  July  in  each  year, 
shall  show  upon  their  face  that  they  are  issued  for  school  purposes, 
and  shall  be  sold  at  not  less  than  par.  Each  bond  shall  have  in- 
dorsed thereon  the  certificate  of  the  clerk  of  the  board  stating  that 
such  bond  is  issued  pursuant  to  law  and  i«  within  the  debt  limit 
prescribed  by  the  constitution. 


STATE    OF    NORTH    DAKOTA.  71 

§  8 1 7.  Election  for  issuing  bonds.  Before  issuing  any  such 
bonds  the  board  of  education  shall  call  an  election  for  the  purpose 
of  submitting  to  the  voters  of  the  district  the  question  of  issuing 
such  bonds,  notice  of  which  shall  be  given  in  the  manner  prescribed 
by  law  for  giving  notice  of  the  annual  election  for  the  several  of- 
ficers of  the  city,  town  or  village  comprising  such  special  district, 
except  that  such  notice  shall  be  given  twenty  days  before  such  elec- 
tion. Such  election  shall  be  conducted  and  the  returns  made  in  the 
manner  provided  for  the  annual  election  of  members  of  the  board 
of  education  and  may  be  held  at  the  time  of  the  annual  school 
election  or  at  any  other  time  named  in  such  notice.  The  notice  of 
such  election  shall  clearly  state  the  amount  of  the  bonds  proposed 
to  be  issued,  the  time  in  which  they  shall  be  made  payable,  the  pur- 
pose for  which  they  are  to  be  issued,  and  the  time  and  place  such 
election  will  be  held.  At  such  election  the  voters  shall  have  writ- 
ten or  printed  on  their  ballots  "for  issuing  bonds"  or  "against  is- 
suing bonds,"  and  if  a  majority  of  the  votes  cast  is  for  issuing 
bonds  such  bonds  shall  be  issued  and  negotiated  by  such  board  of 
education,  but  if  a  majority  thereof  is  against  issuing  bonds  such 
bonds  shall  not  be  issued,  nor  shall  the  question  be  again  sub- 
mitted for  one  year  thereafter  except  for  a  different  amount  and 
then  only  upon  a  written  petition  of  a  majority  of  the  voters  of  the 
district. 

§  818.  Bonds  to  specify  what.  Debt  limit.  The  bonds, 
the  issuance  of  which  is  provided  for  in  the  foregoing  section,  shall 
specify  the  rate  of  interest  and  the  time  when  the  principal  and 
interest  shall  be  paid;  and  no  district  shall  issue  bonds  in  pursuance 
of  this  article  in  a  sum  greater  than  five  per  cent  of  its  assessed 
valuation,  including  other  debts. 

§  819.  Levy  for  interest  and  sinking  fund.  The  board  of 
education  at  the  time  of  its  annual  tax  levy  for  the  support  of 
schools  shall  also  levy  a  sufficient  amount  to  pay  the  interest  as  the 
same  accrues  on  all  bonds  issued  under  provisions  of  this  article, 
and  also  to  create  a  sinking  fund  for  the  redemption  of  such  bonds, 
which  it  shall  levy  and  collect  in  addition  to  the  rate  per  cent 
authorized  by  the  provisions  aforesaid  for  school  purposes,  and  such 
amount  of  funds  when  paid  into  the  treasury  shall  be  and  remain  a 
special  fund  for  such  purpose  only,  and  shall  not  be  appropriated 
in  any  other  way  except  as  hereinafter  provided.  At  or  before  the 
issuance  of  any  bonds  as  herein  provided  the  board  shall  by  resolu- 
tion provide  for  such  annual  levy  to  pay  the  interest  and  to  create 
such  sinking  fund,  and  such  resolution  shall  remain  in  force  until 
all  such  bonds  and  the  interest  thereon  shall  have  been  paid. 

§  820.  Investment  of  sinking  fund.  All  moneys  raised  for 
the  puropse  of  creating  a  sinking  fund  for  the  final  redemption  of 
all  bonds  issued  under  this  article,  shall  be  invested  annually  by 
the  board  of  education  in  the  bonds  of  this  state  or  of  the  United 
States,  or  the  board  may  buy  and  cancel  the  bonds  of  the  district. 


72  GENEiRAL     SCHOOL     LAWS, 

§  821.  Interest  coupons.  When  the  interest  coupons  of  the 
bonds  hereinbefore  authorized  shall  become  due  they  shall  be 
promptly  paid,  upon  presentation,  by  the  treasurer  out  of  any 
moneys  in  his  hands  collected  for  that  purpose,  and  he  shall  indorse 
in  red  ink  upon  the  fac^.  of  such  coupons  the  word  "paid"  and  the 
date  of  payment  and  sign  the  initials  of  his  name. 

§822.  Security  for  payment  of  bonds.  The  school  fund  and 
property  of  such  school  corporation  and  territory  attached  for  such 
purposes  is  hereby  pledged  to  the  payment  of  the  interest  and  prin- 
cipal of  the  bonds  mentioned  in  this  article  as  the  same  may  be- 
come due. 

§  823.  Bond  register.  The  clerk  of  the  board  of  education 
shall  register  in  a  book  provided  for  that  purpose  the  bonds  issued 
under  this  article  and  all  warrants  issued  by  the  board,  which  reg- 
ister shall  show  the  number,  date  and  amount  of  such  bonds  and 
to  whom  payable. 

§  824.  Refunding  bonds,  issuance  of.  The  board  of  educa- 
tion of  any  special  or  independent  school  district  shall  have  power, 
whenever  two-thirds  of  the  members  of  such  board  shall  deem  it 
necessary  and  for  the  best  interests  of  such  school  district,  to  issue 
bonds  for  the  purpose  of  refunding  any  outstanding  bonds  when 
the  same  become  due.  Such  bonds  shall  be  issued  in  denomina- 
tions of  fifty  dollars  or  some  multiple  of  fifty,  and  shall  not  exceed 
in  amount  the  face  value  of  the  bonds  they  are  issued  to  replace, 
and  shall  not  bear  a  higher  rate  of  interest  than  seven  per  cent  per 
annum,  payable  semi-annually  on  the  first  day  of  January  and  July 
of  each  year,  nor  run  for  a  longer  period  than  twenty  years. 

§  825.  Bonds  may  be  exchanged.  Such  refunding  bonds 
may  be  exchanged  at  par  for  an  equal  amount  of  outstanding  bonds 
or  may  be  sold  at  not  less  than  par  value  and  the  proceeds  applied 
solely  to  the  payment  of  the  bonds  to  be  refunded,  except  that  any 
premium  that  may  be  received  on  the  sale  of  such  bonds  shall  be 
kept  as  a  separate  fund  and  used  for  the  payment  of  the  interest  on 
such  bonds. 

§  826.  Issue  of  bonds,  how  governed.  In  the  issuance  of 
such  refunding  bonds  the  board  of  education  shall  be  governed  by 
the  provisions  of  section  818  to  823. 

§  827.  Surplus  funds,  how  transferred.  Any  moneys 
remaining  in  the  treasury  of  such  school  districts,  appropriated  or 
held  for  the  purpose  of  paying  such  bonds  so  refunded,  may,  at  the 
discretion  of  the  board  of  education  at  any  time  within  six  months 
after  such  refunded  bonds  have  been  taken  up  and  canceled,  be 
transferred  to  the  building  or  contingent  fund  of  such  district. 

ARTICLE  18. — INDEPENDENT  SCHOOL  DISTRICTS. 

§  828.  Independent  districts,  how  organized.  Any  city 
heretofore  organized  for  school  purposes  under  a  special  law  and 
provided  with  a  board  of  education  may  become  incorporated  as 


STATE    OP    NORTH    DAKOTA.  73 

an  independent  school  district  under  the  provisions  of  this  article 
in  the  manner  following.  Whenever  one-eighth  of  the  legal  voters 
•of  such  city  voting  at  the  preceding  municipal  election  shall  peti- 
tion the  mayor  and  council  thereof  to  submit  the  question  as  to 
whether  such  city  shall  establish  an  independent  school  district  un- 
der this  article  to  a  vote  of  the  electors  in  such  city  it  shall  be  the 
duty  of  such  mayor  and  council  to  submit  such  question  accord- 
ingly and  to  appoint  a  time  and  place  or  places  at  which  such  vote 
may  be  taken  and  to  designate  the  persons  who  shall  act  as  judges 
at  such  election,  but  such  question  shall  not  be  submitted  ofi;ener 
than  once  in  two  years. 

§  829.  Notice  of  election.  The  mayor  of  such  city  shall  cause 
at  least  twenty  days'  notice  of  such  election  to  be  given  by  pub- 
lishing a  notice  thereof  in  one  or  more  newspapers  within  such 
-city,  but  if  no  newspaper  is  published  therein,  then  by  posting  at 
least  five  copies  of  such  notice  in  each  ward  or  voting  precinct. 

§  830.  Form  of  ballots.  Returns.  The  ballots  to  be  used 
at  such  election  shall  be  in  the  following  form:  "For  establishing 
.an  independent  school  district"  or  "against  establishing  an  inde- 
pendent school  district."  The  judges  of  such  election  shall  make 
returns  thereof  to  the  city  council  whose  duty  it  shall  be  to  canvass 
such  returns  and  cause  the  result  of  such  canvass  to  be  entered 
oipon  the  records  of  such  city.  If  a  majority  of  the  votes  cast  at 
such  election  shall  be  for  establishing  an  independent  school  dis- 
trict, such  independent  school  district  shall  thenceforth  be  deemed 
to  be  organized  under  this  article  and  the  board  of  education  then 
in  office  shall  thereupon  exercise  the  powers  conferred  upon  like  of- 
ficers in  this  article  until  their  successors  are  elected  and  qualified. 

§  831.  Boundaries  of  independent  districts.  All  that  por- 
tion included  within  the  corporate  limits  of  any  city  together  with 
the  additions  that  are  now  or  may  be  hereafter  attached  to  such 
<3ity  limits  shall  be  constituted  and  established  an  independent 
school  district  to  be  designated  as  the  "Independent  School  District 
of  the  City  of "  and  a  board  of  education  is  hereby  estab- 
lished for  the  same. 

§  832.  Members  of  board,  how  elected.  Quorum.  Such 
board  shall  consist  of  one  member  from  each  ward  in  the  city,  and 
when  the  city  is  divided  into  an  even  number  of  wards,  then  such 
city  shall  elect  one  member  of  such  board  at  large.  Such  members 
shall  hold  their  office  for  the  term  of  two  years  and  until  their  suc- 
cessors are  elected  and  qualified.  A  majority  of  the  members  of 
such  board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  smaller  number  may  meet  and  adjourn.  The  electors  in 
each  ward  in  such  city  shall  elect  one  member  of  such  board,  and 
the  electors  of  such  city  shall  elect  one  member  of  the  board  at 
large.  The  wards  having  even  numbers  shall  hold  their  election 
in  each  even  numbered  year,  and  the  wards  having  odd  numbers 
shall  hold  their  election  in  each  odd  numbered  vear.  The  mem- 


74  GENERAL  SCHOOL  LAWS, 

ber  at  large  shall  be  elected  biennially  in  the  even  numbered 
years;  provided,  when  such  city  is  divided  into  three  wards,  such 
board  shall  consist  of  five  members,  one  member  from  each  ward 
and  two  members  to  be  chosen  at  large;  provided,  also,  that  at  the 
first  election  members  from  even  numbered  wards  shall  be  elected 
for  a  term  of  one  year,  and  members  from  odd  numbered  wards 
for  a  term  of  two  years;  when  two  members  are  to  be  chosen  at 
large  at  such  first  election,  one  shall  be  elected  for  a  term  of  one 
year  and  one  for  a  term  of  two  years. 

§  833.  Date  of  election.  Canvass  of  votes.  The  election 
referred  to  in  the  foregoing  sections  shall  be  held  on  the  third 
Monday  in  April  of  each  year,  at  the  usual  polling  place  for  muni- 
cipal elections  in  each  ward.  The  mayor  shall  have  authority  and 
he  is  hereby  empowered  to  appoint  two  judges  and  one  clerk  for 
such  election,  who  shall  open  the  polls  at  the  hour  of  eleven  o'clock 
in  the  forenoon  and  hold  the  same  open  until  five  o'clock  in  the  after- 
noon of  the  same  day.  Such  election  shall  be  conducted  in  all  re- 
spects and  the  polls  closed  and  votes  canvassed  in  the  same  manner 
as  municipal  elections,  and  the  judges  shall  have  the  same  power  and 
authority  in  all  respects  as  the  judges  of  election  for  municipal 
officers,  and  after  the  votes  are  canvassed  the  judges  shall  make 
their  returns  to  the  city  clerk  or  auditor,  as  the  case  may  be,  within 
twenty-four  hours  after  the  polls  are  closed,  and  the  city  council 
shall  canvass  such  returns  and  declare  the  result  within  three  day& 
thereafter,  which  result  shall  be  entered  upon  the  records  of  the 
city,  and  it  shall  be  the  duty  of  the  city  clerk  or  auditor  to  issue 
certificates  of  election  to  the  persons  declared  elected.  The  judges 
and  clerks  of  election  shall  receive  the  same  compensation  for  their 
services  as  at  municipal  elections  for  mayor  and  aldermen. 

§  834.  Vacancies,  how  filled.  If  any  vacancy  occurs  in  the 
board  for  any  cause,  the  remaining  members  thereof  shall  fill  such 
vacancy  by  appointment  until  the  next  annual  election,  and  at  such 
election  a  new  member  shall  be  elected  to  fill  the  unexpired  term. 

§  835.  Style  and  powers  of  board.  The  board  so  elected 
shall  be  a  body  corporate  in  relation  to  all  the  powers  and  duties 
conferred  upon  it  by  this  article,  and  shall  be  styled  "The  Board  of 

Education  of  the  Independent  School  District  of  the  City  of 

(here  insert  the  name  of  the  city)"  and  as  such  shall  have  powTer 
to  sue  and  be  sued,  contract  and  be  contracted  with,  and  shall  pos- 
sess all  the  powers  usual  and  incident  to  such  bodies  corporate, 
and  such  as  shall  be  herein  given,  and  shall  procure  and  keep  a 
common  seal.  At  each  annual  meeting  of  the  board  the  members 
thereof  shall  elect  one  of  their  number  president  of  the  board,  and 
when  he  is  absent  a.  president  pro  tempore  shall  be  appointed  who 
shall  preside  during  such  absence.  The  members  so  elected  shall 
each  qualify  by  taking  the  prescribed  oath  of  office  within  ten  days 
after  receiving  their  certificate  of  election,  and  shall  assume  the 
duties  of  the  office  at  the  annual  meeting  of  the  board  held  on  the 
first  Monday  in  Mav  of  each  vear. 


STATE    OP    NORTH    DAKOTA.  75. 


§  836.  Responsibility  of  board.  The  members  of  the  board 
shall  receive  no  compensation,  nor  be  interested  directly  or  indi- 
rectly in  any  contract  for  building  or  making  any  improvements  or 
repairs  provided  by  this  chapter.  They  shall  have  the  care  and 
custody  of  all  public  property  in  such  district  pertaining  to  school 
purposes  and  the  general  management  and  control  of  all  school 
matters. 

§  837.  Meetings  of  board.  The  regular  meetings  of  the  board 
shall  be  held  on  the  first  Tuesday  of  each  month,  and  the  board 
may  hold  special  meetings  upon  notice.  The  regular  meetings  may 
be  adjourned  for  any  time  shorter  than  one  month.  Special  meet- 
ings may  be  called  by  the  president,  or  in  case  of  his  absence  or  in- 
ability to  act,  by  any  three  members  of  the  board  as  often  as  neces- 
sary by  giving  a  personal  notice  in  writing  to  each  member  of  the 
board  or  by  causing  such  notice  to  be  left  at  his  place  of  residence 
at  least  forty-eight  hours  before  the  hour  of  such  special  meeting. 

§  838.  Secretary,  duties  of.  Such  board  shall  appoint  a  secre- 
tary who  shall  hold  his  office  during  the  pleasure  of  the  board  and 
whose  compensation  shall  be  fixed  by  the  board.  The  secretary 
shall  keep  a  record  of  the  proceedings  of  the  board  and  perform 
such  other  duties  as  the  board  may  prescribe.  Such  record  or  a 
transcript  thereof,  certified  by  the  secretary  and  attested  by  the 
seal  of  the  board,  shall  be  received  in  all  courts  as  priina  facie  evi- 
dence of  the  facts  therein  set  forth;  and  such  records,  and  all  books, 
accounts,  vouchers  and  papers  of  the  board  shall  at  all  times  be 
subject  to  inspection  by  the  members  of  such  board  or  any  commit- 
tee thereof,  or  by  any  taxpayer  of  the  district.  For  the  purpose  of 
economy  the  board  may,  if  deemed  advisable,  appoint  one  of  its  own 
members  secretary.  The  annual  report  of  the  secretary  shall  con- 
tain such  items  as  may  be  required  by  the  superintendent  of  public 
instruction. 

§  839.  Powers  of  board.  The  board  shall  have  power  and  it 
shall  be  its  duty  to  levy  and  raise  from  time  to  time  by  tax  such 
sums  as  may  be  determined  by  the  board  to  be  necessary  and  proper 
for  any  of  the  following  purposes: 

1.  To  purchase,  exchange,  lease  or  improve  sites  for   school 
houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair 
school  houses  and  their  outhouses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  apparatus, 
books,  furniture  and  appendages. 

4.  To  procure  fuel  and  defray  the  contingent  expenses  of  the 
board,  including  the  expenses  of  the  secretary. 

5.  To  pay  teachers7  wages  after  the  apportionment  of  public 
moneys  which  may  be  by  law  appropriated  and  provided  for  that 
purpose. 

§  840.  Collection  of  tax.  The  tax  to  be  levied  and  collected 
as  aforesaid  by  virtue  of  this  article  shall  be  collected  in  the  same 


76  GENERAL     SCHOOL     LAWS, 

manner  as  other  county  taxes,  and  for  that  purpose  the  board  of 
education  shall  have  power  to  levy  and  cause  to  be  collected  such 
taxes  as  are  herein  authorized,  and  shall  cause  the  amount  for  each 
purpose  to  be  certified  by  the  secretary  to  the  county  auditor  in  time 
to  be  added  to  and  put  upon  the  annual  tax  list  of  the  county.  And 
it  shall  be  the  duty  of  the  county  auditor  to  calculate  and  extend 
upon  the  annual  assessment  roll  and  tax  list  the  tax  so  levied  by 
such  board,  and  such  tax  shall  be  collected  as  other  county  taxes 
are  collected. 

§  841.  Amount  of  tax  limited.  The  amount  raised  for  teachers' 
wages  and  contingent  expenses  shall  be  only  such  as  together  with 
the  public  moneys  coming  to  such  district  from  the  state  and 
county  fund  and  other  sources  shall  be  sufficient  to  maintain  effi- 
cient and  proper  schools  in  such  district.  The  taxes  for  the  pur- 
chasing, leasing  or  improving  of  sites,  and  the  building,  purchas- 
ing, leasing,  enlarging,  altering  or  repairing  of  school  houses  shall 
.not  exceed  in  any  year  twenty  mills  on  the  dollar  of  the  assessed 
valuation  of  the  taxable  property  of  the  district,  and  the  board  of 
•education  is  authorized  and  directed,  when  necessary,  to  borrow  in 
.anticipation,  the  amount  of  the  taxes  to  be  raised,  levied  and  col- 
lected as  aforesaid. 

§  842.  Authority  to  issue  bonds.  The  board  of  education 
•of  such  district  is  authorized  and  empowered,  and  it  is  its  duty 
whenever  the  board  deems  it  necessary  for  the  efficient  organiza- 
tion and  establishment  of  schools  in  such  district,  and  when  the 
'taxes  authorized  by  this  article  shall  not  be  sufficient  or  shall  be 
deemed  by  the  board  to  be  burdensome  upon  the  taxpayers  of  the 
district,  from  time  to  time  to  issue  bonds  of  the  district  in  the  de- 
nomination of  fifty  dollars  or  some  multiple  of  fifty,  payable  at  a 
time  not  to  exceed  twenty-five  years  after  date  and  bearing  interest 
at  a  rate  not  to  exceed  seven  per  cent  per  annum,  payable  semi-an- 
nually  on  the  first  day  of  January  and  July  of  each  year;  and  to 
show  upon  their  face  that  they  are  issued  for  the  purpose  of  build- 
ing and  furnishing  a  school  house  or  school  houses,  purchasing 
grounds  on  which  to  locate  the  same,  or  to  fund  any  outstanding 
indebtedness,  or  for  the  purpose  of  taking  up  any  outstanding 
bonds;  and  the  said  board  of  education  is  authorized  to  cause  the 
same  to  be  sold  at  not  less  than  par  value,  and  the  money  realized 
therefrom  deposited  with  the  city  treasurer  to  the  credit  of  such 
'board  of  education;  and  when  any  bonds  shall  be  so  negotiated  it 
shall  be  the  duty  of  the  board  to  provide  by  tax  for  the  payment 
of  the  principal  and  interest  of  such  bonds;  provided,  that  at  no 
time  shall  the  aggregate  amount  of  such  bonds,  including  all  other 
indebtedness,  exceed  fifty  mills  on  the  dollar  of  valuation  of  the 
taxable  property  of  such  district,  to  be  determined  by  the  last  city 
assessment. 

§  843.  Moneys  paid  to  city  treasurer.  All  moneys  raised 
pursuant  to  the  provisions  of  this  article  and  all  moneys  which 


STATE    OF    NORTH    DAKOTA.  77 


shall  by  law  be  appropriated  to  or  provided  for  such  district,  shall 
be  paid  over  to  the  city  treasurer  of  the  city,  and  the  county  treas- 
urer shall  from  time  to  time,  as  he  shall  receive  the  county  school 
funds,  and  at  least  once  in  each  month,  on  the  first  Monday  thereof,, 
pay  over  to  such  city  treasurer  the  proportion  thereof  belonging  to 
such  district;  and  for  that  purpose  the  board  shall  have  the  power 
to  cause  all  needful  steps  to  be  taken,  including  census  reports  or 
other  acts  or  things,  to  enable  such  board  to  receive  the  school 
money  belonging -to  such  district,  as  fully  and  completely  as  though 
such  district  formed  one  of  the  school  districts  of  the  county  where 
the  same  may  be  situated. 

§  844.  Bond  of  treasurer.  The  city  treasurer  of  such  city 
shall  give  a  bond  to  such  board  of  education  in  such  sum  as  the 
board  shall  from  time  to  time  require,  with  two  or  more  sureties  to 
be  approved  by  the  board,  conditioned  for  the  safe-keeping  of  the 
school  funds,  which  shall  be  in  addition  to  his  other  bond;  and  such 
treasurer  and  the  sureties  upon  such  bond  shall  be  accountable  to 
the  board  for  the  moneys  that  come  into  his  hands,  and  in  case  of 
failure  of  such  treasurer  to  give  such  bond  when  required  by  the 
board,  or  within  ten  days  thereafter,  his  office  shall  become  vacant 
and  the  city  council  shall  appoint  another  person  in  his  place. 

§  845.  School  funds,  how  kept  and  paid  out.  All  moneys 
required  to  be  raised  by  virtue  of  this  article  shall  be  paid  in  cash 
or  in  the  warrants  hereinafter  provided,  drawn  on  the  school  fund 
only,  and  such  moneys  and  all  moneys  received  by  such  district  for 
the  use  of  the  common  schools  therein  shall  be  deposited  for  safe- 
keeping with  such  city  treasurer  to  the  credit  of  the  board  of  edu- 
cation and  shall  by  him  be  safely  kept  separate  and  apart  from  any 
other  funds  until  drawn  from  the  treasury  as  herein  provided.  Such 
treasurer  shall  pay  out  the  moneys  authorized  by  this  article  only 
upon  warrants  drawn  by  the  president,  countersigned  by  the  secre- 
tary and  attested  by  the  seal  of  such  board  of  education. 

§  846.  General  powers  of  board.  The  board  shall  have  power 
and  it  shall  be  its  duty : 

1.  To  organize  and  establish  such  schools  in  the  district  as  it 
shall  deem  requisite  and  expedient,  and  to  change  and  discontinue 
the  same. 

2.  To  purchase,  sell,  exchange  and  hire  school  houses  and  rooms, 
lots  or  sites  for  school  houses  and  to  fence  and  improve  the  same. 

3.  To  build,  enlarge,  alter,  improve  and  repair  school  houses,, 
outhouses  and  appurtenances  as  it  may  deem  advisable  upon  lots 
and  sites  owned  by  the  district. 

4.  To  purchase,  sell,  exchange,  improve  and  repair  school  appa- 
ratus, books  for  indigent  pupils,  furniture  and  appendages  and  pro- 
vide fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses, 
outhouses,  books,  furniture  arid  appurtenances,  and  to  see  that  the 
ordinances  of  the  city  council  in  relation  thereto  are  observed. 


78  GENERAL  SCHOOL  LAWS, 

6.  To  contract  with  and  employ  all  teachers  in  such  schools 
&nd  to  remove  them  at  pleasure. 

7.  To  pay  the  wages  of  such  teachers  out  of  the  money  appro- 
priated and  provided  by  law  for  the  support  of  common  schools  in 
such  district,  so  far  as  the  same  shall  be  sufficient,  and  the  residue 
thereof  from  the  money  authorized  to  be  raised  by  this  article. 

8.  To   defray  the  necessary  and   contingent  expenses  of   the 
•board,  including  the  compensation  of  the  secretary. 

9.  To  have  in  all  respects  the  superintendence;  supervision  and 
management  of  the  common  schools  of  such  district,  and  from  time 
to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may  deem  expe- 
dient, rules  and  regulations  for  their  organization,  grading,  govern- 
ment and  instruction,  for  the  reception  of  pupils  and  their  trans- 
fer from  one  school  to  another,  for  the  suspension  and  expulsion  of 
pupils  subject  to  the  same  restrictions  as  are  contained  in  subdi- 
vision 11  of  section  797,  and  generally  for  their  good  order,  pros- 
perity and  utility. 

10.  To  prepare  and  report  to  the  city  council  of  the  city  such 
ordinances  and  regulations  as  may  be  necessary  and  proper  for  the 
protection,  safe-keeping,  care  and  preservation  of  school  houses, 
lots,  and  sites  and  appurtenances  and  all  the  property  belonging  to 
the  district  connected  with  or  appertaining  to  the  schools  within 
the  city  limits,  and  to  suggest  proper  penalties  for  the  violation  of 
such  ordinances  and  regulations,  and  annually,  on  or  before  the 
iirst  Monday  in  July,  to  determine  and  certify  to  the  county  auditor 
the  rate  of  taxation  in  its  opinion  necessary  and  proper  to  be  levied 
under  the  provisions  of  this  article  for  the  year  commencing  on  the 
"first  day  of  July  thereafter,  and  also  at  any  time  to  determine  how 
many  and  what  denomination  of  bonds  shall  be  issued  and  sold  to 
pay  the  extraordinary  outlays  required. 

§  847.  Visiting  schools.  Each  member  of  the  board  shall 
visit  all  the  public  schools  in  the  district  at  least  twrice  in  each  year 
of  his  official  term,  and  the  board  shall  provide  that  each  of  such 
schools  shall  be  visited  by  a  committee  of  three  or  more  of  their 
number  at  least  once  during  such  term. 

§  848.  Nonresident  pupils.  Such  board  of  education  shall 
have  power  to  allow  the  children  not  resident  in  such  district,  to 
attend  the  schools  of  such  district  under  the  control  and  care  of 
such  board,  upon  such  terms  as  the  board  shall  prescribe,  fixing  the 
tuition  which  shall  be  paid  therefor. 

§  849.  Expenditures  not  to  exceed  revenues.  It  shall  be 
the  duty  of  the  board  in  all  its  expenditures  and  contracts  to  have 
reference  to  the  amount  of  money  which  shall  be  subject  to  its 
order  during  the  current  year  for  the  particular  expenditures  in 
question  and  not  to  exceed  that  amount. 

§  850.  Title  to  property  of  district.  The  title  to  all  property 
belonging  to  any  such  independent  school  district  shall  be  vested 
in  such  district  for  the  use  of  the  schools,  and  the  same  while  used 


STATE    OF    NORTH    DAKOTA.  79 


.and  appropriated  for  school  purposes  shall  not  be  levied  upon  or 
sold  by  virtue  of  any  warrant  or  execution  or  other  process,  nor  be 
subject  to  any  judgment  or  mechanic's  lien  or  taxation  for  any  pur- 
pose whatever;  and  the  district  in  its  corporate  capacity  may  take, 
hold  and  dispose  of  any  real  and  personal  property  transferred  to 
it  by  gift,  grant,  bequest  or  devise  for  the  use  of  common  schools 
for  the  district,  whether  the  same  is  transferred  in  terms  to  such 
district  by  its  proper  name  or  to  any  person  or  body  for  the  use  of 
such  schools. 

§  851.  Real  property.  Title,  how  conveyed.  Whenever 
any  property  is  purchased  by  the  board  a  conveyance  thereof  shall 
be  taken  in  the  name  of  such  district;  and  whenever  any  sale  of 
such  property  is  made  by  the  board  a  resolution  in  favor  of  such 
sale  shall  first  be  adopted  and  spread  upon  the  records  of  the  board, 
and  the  conveyance  of  such  property  shall  be  executed  in  the  name 
of  such  district  by  the  president  of  the  board  attested  by  the  sec- 
retary under  the  seal  thereof,  and  acknowledged  by  such  officers. 
Such  president  and  secretary  shall  have  authority  to  execute  con- 
veyances as  aforesaid,  with  or  without  covenants  of  warranty  on 
behalf  of  the  district. 

§  852.  Report  of  city  treasurer.  It  shall  be  the  duty  of  the 
•city  treasurer  at  least  fifteen  days  before  the  annual  election  for 
members  of  such  board  and  as  often  as  called  upon  by  the  board, 
to  prepare  and  report  to  such  board  a  true  and  correct  statement 
of  the  receipts  and  disbursements  of  moneys  under  and  pursuant  to 
the  provisions  of  this  article,  during  the  preceding  year,  which 
statement  shall  set  forth  under  appropriate  heads: 

1.  The  money  raised  by  the  board  under  section  839. 

2.  The  school  moneys  received  from  the  county  treasurer. 

3.  The  money  received  under  section  842. 

4.  All  money  received  by  the  city  treasurer,  subject  to  the  order 
of  the  board,  specifying  the  sources  from  which  it  accrued. 

5.  The  manner  in  which  all  money  has  been  expended,  specify- 
ing the  amount  under  each  head  of  expenditures  and  the  board 
shall  at  least  one  week  before  such  election,  cause  such  statement 
to  be  published  in  all  the  newspapers  of  the  city  which  will  publish 
the  same  gratuitously. 

§  853.  City  council  to  pass  certain  ordinances.  The  city 
council  shall  have  the  power  and  it  shall  be  its  duty  to  pass  such 
ordinances  and  regulations  as  the  board  of  education  may  recom- 
mend as  necessary  for  the  protection,  preservation,  safe-keeping  and 
•care  of  the  school  houses,  lots,  sites,  appurtenances,  libraries  and  all 
necessary  property  belonging  to  or  connected  with  the  schools  of 
the  city,  and  to  provide  proper  penalties  for  the  violation  thereof; 
and  all  penalties  shall  be  collected  in  the  same  manner  that  the 
penalties  for  the  violation  of  city  ordinances  are  collected,  and 
when  collected  shall  be  paid  to  the  city  treasurer,  and  placed  to 
the  credit  of  the  board  of  education,  and  shall  be  subject  to  its 
order  as  herein  provided. 


8Q  GENERAL  SCHOOL  LAWS, 

§  854.  Forfeit  for  refusal  to  serve  as  member  of  board. 
It  shall  be  the  duty  of  the  clerk  of  such  board  immediately  after 
the  election  of  any  person  as  a  member  thereof,  personally  or  i» 
writing,  to  notify  him  of  his  election,  and  if  any  person  shall  not 
within  ten  days  after  receiving  such  notice  of  election,  take  and 
subscribe  the  oath  as  herein  provided  and  file  the  same  with  the 
city  auditor,  the  board  may  consider  it  as  a  refusal  to  serve,  and  fill 
the  vacancy  thus  occasioned,  and  the  person  so  refusing  shall  for- 
feit and  pay  to  the  city  treasurer  for  the  benefit  of  the  schools  of 
such  district  a  penalty  of  fifty  dollars,  which  may  be  recovered  in 
the  name  of  such  city  by  a  civil  action. 

§  855.  New  district  to  assume  debts  of  old.  School  districts 
created  under  the  provisions  of  this  article  shall  assume  all  obliga- 
tions and  liabilities  incurred  by  the  districts  out  of  which  they  are 
formed,  if  old  districts  are  not  divided,  and  a  proportionate  part,  if 
divided. 

ARTICLE  19. — BOARDS  OF  EDUCATION  IN  CERTAIN  CITIES. 

§  856.  Boards  to  be  elected  at  large.  In  each  city  not  organ- 
ized under  the  general  law  there  shall  be  a  board  of  education  con- 
sisting of  seven  members  having  the  qualifications  of  electors  who 
shall  be  elected  at  large  by  the  electors  of  such  city  qualified  to  vote 
at  school  elections;  and,  except  as  may  be  otherwise  provided  herein, 
for  the  first  election,  two  members  of  such  board  shall  be  elected 
annually  and  three  triennially  at  a  special  election  to  be  held  on  the 
first  Tuesday  after  the  first  Monday  in  June;  provided,  that  the  pro- 
visions of  this  article  shall  not  apply  to  cities  existing  under  a 
special  act  and  which  are  now  conducting  their  schools  under  the 
general  school  laws. 

§  857.  Term  of  office.  The  term  of  office  of  a  member  of  the 
board  of  education,  except  as  in  this  article  otherwise  provided, 
shall  be  three  years  and  until  his  successor  is  elected  and  qualified. 

§  858.  Elections,  how  conducted.  All  elections  under"  the 
provisions  of  this  article  shall  be  called,  conducted  and  the  votes 
canvassed  and  returned  in  the  manner  provided  by  law  for  general 
city  elections. 

§  859.  Relatives  not  eligible  as  teachers.  No  son,  wife  or 
daughter  of  any  member  of  the  school  board  shall  be  eligible  to  a 
position  as  teacher  in  schools  of  the  district  which  such  member 
represents  except  upon  the  consent  of  all  the  members  of  such 
board. 

§  860.  Independent  school  organizations  under  special 
laws  abolished.  Any  independent  district  organized  for  school 
purposes  under  a  special  law,  which  does  not  include  or  is  not  in- 
cluded in  any  city  or  incorporated  town  or  village  organized  for 
municipal  purposes,  shall  become  a  part  of  the  school  district  in 
which  it  is  located  by  the  repeal  of  the  special  law  organizing  or  - 
governing  such  independent  district.  Any  independent  district. 


STATE    OP    NORTH    DAKOTA.  81 

organized  for  school  .purposes  under  a  special  law  or  under  any 
other  law  than  is  contained  in  this  chapter,  which  includes  or  is  in- 
cluded in  any  city  or  incorporated  towrn  or  village  organized  for 
municipal  purposes,  shall  become  a  special  district  by  the  repeal 
of  the  special  law  organizing  or  governing  such  independent  school 
district.  Any  school  district  or  special  district  so  constituted  or 
constituted  in  part  shall  be  governed  by  the  provisions  of  this  chap- 
ter; provided,  that  nothing  herein  shall  prevent  any  such  indepen- 
dent district  from  coming  under  the  operation  of  this  chapter  in 
the  manner  therein  provided. 

§  861.  Old  school  officers  hold  over.  The  board  of  educa- 
tion or  other  governing  board  of  such  independent  district  shall 
continue  to  exercise  the  powers  and  duties  devolving  upon  it  under 
the  provisions  of  such  special  or  other  law  governing  such  inde- 
pendent district,  the  same  as  though  such  law  had  not  been  re- 
pealed, until  the  second  Tuesday  in  July  following  the  repeal  of 
such  special  or  other  law;  provided,  that  all  that  portion  of  the 
general  school  laws  which  provides  for  an  annual  school  election 
shall  apply  to  such  independent  district  and  shall  be  in  full  force 
and  effect  for  the  purpose  of  electing  school  officers  at  such  annual 
school  election;  and  such  officers  shall  be  elected  in  and  for  the 
whole  school  district,  including  the  independent  district  or  portion 
of  such  independent  district  located  therein,  or  in  and  for  the  spec- 
ial district,  the  same  as  though  no  law  had  ever  existed  providing 
for  the  organization  of  such  independent  district;  provided, 
further,  that  in  a  special  district  formed  and  created  as  herein  pro- 
vided, a  full  board  of  education  shall  be  elected  as  provided  by  law 
for  first  elections,  but  in  school  districts  formed  and  created  as 
herein  provided  by  the  addition  of  such  independent  district  or  por- 
tion thereof,  there  shall  be  elected  only  such  officers  as  are  required 
to  fill  the  regular  vacancies  in  the  school  offices  of  such  school  dis- 
trict heretofore  organized. 

§  862.  .  Debts  and  assets  determined  by  arbitration.  When 
the  boundaries  of  such  school  district  shall  have  been  arranged  as 
contemplated  in  this  article,  the  determination  and  division  or  con- 
solidation of  all  debts,  property  and  assets  of  the  several  portions 
of  such  district  or  districts  so  consolidated  shall  be  made  by  arbi- 
tration as  provided  by  law. 

ARTICLE  20. — FREE  TEXT  BOOKS. 

§  863.  Power  of  board  of  education.  The  board  of  trustees 
or  board  of  education  of  each  and  every  school  district  in  the  state 
of  North  Dakota  is  hereby  authorized  and  empowered  to  select, 
adopt  and  contract  for  all  books  and  supplies  needful  for  the  school 
or  schools  under  its  charge;  and  the  said  board  of  trustees  or  board 
of  education  shall  have  power  to  purchase  the  text  books  and  sup- 
plies selected  or  contracted  for,  and  provide  for  the  loan  free  of 


82  GENERAL    SCHOOL    LAWS, 

charge  or  sale  at  cost  of  such  text  books  and  supplies  to  the  pupils 
in  attendance  at  such  school  or  schools;  provided,  that  no  adoption 
or  contract  shall  be  for  a  period  of  less  than  three  years  nor  more 
than  five  years;  during  which  time  the  text  books  so  selected, 
adopted  and  contracted  for  shall  not  be  changed;  provided,  further, 
that  before  any  publisher  or  publishers  shall  enter  or  attempt  to 
enter  into  any  contract  for  the  sale  of  text  books,  as  hereinbefore 
provided,  they  shall  file  with  the  superintendent  of  public  instruc- 
tion of  the  state  of  North  Dakota  a  list  of  their  books  and  the  low- 
est prices  at  or  for  which  they  will  sell  any  or  all  of  such  books  to 
any  board  of  trustees  or  board  of  education  in  the  state  of  North 
Dakota,  and  they,  the  said  publishers,  shall  deposit  with  the  super- 
intendent of  public  instruction  a  sample  copy  of  each  book  so  list- 
ed, which  shall  represent  in  style  of  binding,  mechanical  execu- 
tion, general  make-up  and  matter  the  book  or  books  they  offer  to 
sell  to  the  board  of  trustees  at  or  for  the  prices  so  listed  and  in  no 
case  shall  prices  be  raised  above  said  listed  prices  as  filed.  It  shall 
be  the  duty  of  the  superintendent  of  public  instruction  to  furnish  a 
certified  copy  of  the  list  of  books  and  prices  filed  in  accordance  with 
the  provisions  of  this  section  to  the  district  clerk  of  each  common 
school  district  in  the  state  of  North  Dakota. 

§  864.  Free  text  books  provided,  when.  Whenever  in  the 
judgment  of  the  board  it  is  desirable  or  necessary  to  the  welfare  of 
the  schools  in  the  district  or  to  provide  for  the  children  therein  bet- 
ter school  privileges,  or  whenever  petitioned  so  to  do  by  two-thirds 
of  the  voters  in  the  district,  the  board  shall  provide  free  text  books 
and  supplies  for  all  schools  under  its  charge,  in  such  manner  as 
hereinbefore  provided.  All  books  purchased  in  accordance  with 
the  provisions  of  this  article  shall  be  paid  for  out  of  the  school  fund 
of  the  respective  districts,  and  it  shall  be  the  duty  of  the  school 
districts  and  school  boards  to  see  that  sufficient  funds  are  raised 
and  set  aside  for  the  purpose  of  this  article.  The  clerk  of  each  dis- 
trict shall  also  keep  a  record  of  all  books  furnished  to  the  schools 
in  the  district. 

AKTICLE  21. — PUECHASE  OF  FLAGS  FOR  SCHOOL  DISTRICTS.' 

§  865.  United  States  flag  to  be  displayed.  The  school 
board  of  any  city,  town  or  district,  is  authorized  and  required  to 
purchase  at  the  expense  of  the  city,  town  or  district,  one  or  more 
flags  of  the  United  States,  which  shall  be  displayed  in  reasonable 
weather,  upon  the  school  houses  or  flagstaffs  upon  the  school 
grounds  during  the  school  hours  of  each  day's  session  of  school, 
and  a  failure  to  comply  with  the  provisions  of  this  article  on  the 
part  of  any  board  of  education  or  district  school  board,  shall  be 
sufficient  grounds  for  removal  of  members  of  such  board  from  office. 

ARTICLE  22. — STATE  EDUCATIONAL  LIBRARY. 
§  866.     Appropriation  for.     There  is  hereby  appropriated  out 


STATE    OP    NORTH    DAKOTA.  83 

of  any  funds  in  the  state  treasury  the  sum  of  three  hundred  dollars^ 
annually,  to  be  paid  by  warrant  of  the  state  auditor  on  the  state- 
treasurer  upon  the  presentation  of  an  itemized  bill  in  due  form  by 
the  superintendent  of  public  instruction,  for  the  purchase  of  refer- 
ence or  pedagogical  books  for  the  state  educational  library  in  the 
office  of  such  superintendent. 

ARTICLE  23. — HIGH  SCHOOL  BOARD.  * 

§  867.  High  school  board.  The  governor,  superintendent  of 
public  instruction  and  president  of  the  state  university,  are  hereby: 
constituted  a  board  of  commissioners  on  preparatory  schools  for  the 
encouragement  of  higher  education  in  the  state.  Said  board  shall 
be  called  the  "High  School  Board,"  and  shall  perform  the  duties 
and  have  and  exercise  the  powers  hereinafter  mentioned. 

§  868.  Students  classified.  Any  public  graded  school  in  any- 
city  or  incorporated  village  or  township,  organized  into  a  district, 
under  the  township  or  district  system,  which  shall  give  instruction; 
according  to  the  terms  and  provisions  of  this  article  and  shall  admit 
students  of  either  sex  from  any  part  of  the  state  without  charge 
for  tuition,  shall  be  entitled  to  be  classified  as  a  state  high  school 
and  to  receive  pecuniary  aid  as  hereinafter  specified;  provided,  how- 
ever, that  no  such  school  shall  be  required  to  admit  nonresident 
pupils  unless  they  pass  an  examination  in  orthography,  reading  in 
English,  penmanship,  arithmetic,  grammar,  modern  geography  and 
the  history  of  the  United  States. 

§  869.  Requirements  for  classification.  The  said  board 
shall  require  of  the  schools  applying  for  such  pecuniary  aid  as  pre- 
requisite to  receiving  such  aid,  compliance  with  the  following  con- 
ditions, to-wit: 

1.  That  there  be  regular  and  orderly  courses  of  study,  embrac- 
ing all  the  branches  prescribed  by  the  said  board  for  the  first  two 
years  of  the  high  school  course. 

2.  That  the  said  school  receiving  pecuniary  aid  under  this  ar- 
ticle shall  at  all  times  permit  the  said  board  of  commissioners,  or 
any  of  them,  to  visit  and  examine  the  classes  pursuing  the  said  pre- 
paratory courses. 

§  870.  Schools  visited  once  each  year.  What  schools  to 
receive  state  aid.  Appropriation.  1.  The  said  board  of  com- 
missioners shall  cause  each  school  receiving  aid  under  this  article  to 
be  visited  at  least  once  in  each  year,  by  a  committee  of  one  or  more 
members,  who  shall  carefully  inspect  the  instruction  and  discip- 
line of  the  preparatory  classes,  and  make  a  written  report  on  the 
same  immediately;  provided,  that  the  said  board  may,  in  its  discre- 
tion, appoint,  in  any  case,  competent  persons  to  visit  and  inspect 
any  school  and  to  make  report  thereon ;  and  no  money  shall  be  paid 


84 


GENERAL  SCHOOL  LAWS, 


in  any  case  until  after  such  report  shall  have  been  received  and  ex- 
amined by  the  board,  and  the  work  of  the  school  approved  by  a  vote 
of  the  board. 

2.  The  said  board  shall  receive  applications  from  such  schools 
for  aid  as  hereinafter  provided,  which  applications  shall  be  received 
and  acted  upon  in  the  order  of  their  reception.  The  said  board 
shall  apportion  to  each  of  the  said  schools  which  shall  have  fully 
complied  with  the  provisions  of  this  article,  and  whose  application 
shall  have  be  A  approved  by  the  board,  the  following  sums,  to-wit: 
One  hundred  seventy -five  dollars  each  year  to  each  school  having 
four  years'  high  school  course  and  doing  four  years'  high  school 
work;  the  sum  of  one  hundred  forty  dollars  each  year  to  each  school 
having  a  three  years'  high  school  course  and  doing  three  years'  high 
school  work;  the  sum  of  one  hundred  dollars  each  year  to  each 
school  having  a  two  years'  high  school  course  and  doing  two  years' 
high  school  work;  provided,  that  the  total  amount  of  apportion- 
ments and  expenses  under  this  article  shall  not  exceed  four  thous- 
and dollars  in  any  one  year.  The  sum  of  four  thousand  dollars  is 
hereby  appropriated  annually  to  be  paid  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated  for  the  purpose  of  this  article; 
which  amount,  or  so  much  thereof  as  may  be  necessary,  shall  be  paid 
upon  the  itemized  vouchers  of  said  board,  duly  certified  and  filed 
with  the  state  auditor. 

§871.  No  compensation.  Expenses.  The  members  of  said 
board  shall  serve  without  compensation,  but  the  actual  and  neces- 
sary expenses  of  the  board  or  any  examiner  appointed  by  them, 
shall  be  paid  in  the  same  manner  as  those  of  state  officers;  provided, 
that  the  total  expense,  including  the  apportionments  to  the  schools 
aforesaid,  shall  not  exceed  four  thousand  dollars  in  any  one  year. 

§  872.  Discretionary  powers.  Assistant  examiner.  The 
high  school  board  shall  have  full  discretionary  power  to  consider 
and  act  upon  applications  of  schools  for  state  aid,  and  to  pre- 
scribe conditions  upon  which  said  aid  shall  be  granted  and  it  shall 
be  its  duty  to  accept  and  aid  such  schools  only  as  will,  in  its  opin- 
ion, if  aided,  efficiency  perform  the  service  contemplated  by  law; 
but  in  each  county  two  schools  complying  with  the  prescribed  con- 
ditions shall  have  a  right  to  aid  from  this  appropriation  before  aid 
may  be  granted  to  a  third  school  in  any  county.  Any  school  once 
accepted  and  continuing  to  comply  with  the  law  and  regulations  of 
the  board  made  in  pursuance  thereof,  shall  be  aided  not  less  than 
three  years.  The  board  shall  have  power  to  establish  any  necessary 
and  suitable  rules  and  regulations  relating  to  examinations,  reports, 
acceptance  and  classification  of  schools,  courses  of  studies  and  other 
proceedings  under  this  article.  Any  assistant  examiner  appointed 
by  the  high  school  board,  as  authorized  by  law,  shall  be  entitled  to 
receive  such  compensation  as  the  board  may  allow,  not  exceeding 
three  dollars  a  day;  provided,  that  no  such  compensation  shall  be 


STATE    OF    NORTH    DAKOTA.  -    85 


paid  to  any  person  receiving  a  salary  from  the  state  or  from  any 
state  institution. 

§  873.  Shall  keep  record.  The  said  board  shall  keep  a  rec- 
ord of  all  the  proceedings  and  shall  make  on  or  before  the  first 
day  of  December  in  each  year  a  report,  covering  the  previous  school 
year,  to  the  superintendent  of  public  instruction,  showing  in  de- 
tail all  receipts  and  disbursements,  the  names  and  number  of  schools 
receiving  aid,  the  number  of  pupils  attending  the  classes  in  each,'  to 
which  report  they  may  add  such  recommendations  as  they  may  deem 
useful  and  proper. 

ARTICLE  24. — HEALTH  AND  DECENCY  IN  PUBLIC  SCHOOLS. 

§  874.  Duty  of  boards  of  education.  It  shall  be  the  duty  of 
all  boards  of  education  and  district  school  boards  in  this  state  to 
provide  suitable  and  convenient  water  closets  or  privies  for  each  of 
the  schools  under  their  charge,  at  least  two  in  number,  which  shall 
be  entirely  separate  each  from  the  other,  and  having  separate 
means  of  access;  and  it  shall  be  the  duty  of  the  school  officers  afore- 
said to  keep  the  same  in  a  -clean,  chaste  and  wholesome  condition; 
and  a  failure  to  comply  with  the  provisions  of  this  article  on  the 
part  of  any  board  of  education  or  district  school  board,  shall  be  suf- 
ficient grounds  for  removal  from  office  and  for  withholding  from 
any  district  any  part  of  the  public  moneys  of  the  state.  The  ex- 
pense incurred  by  the  officers  aforesaid  in  carrying  out  the  require- 
ments of  this  article  shall  be  a  charge  upon  the  district,  when  such 
expense  shall  have  been  approved  by  the  county  superintendent  of 
schools  of  the  county  within  which  the  school  district  is  located, 
and  a  tax  may  be  levied  therefor  without  a  vote  of  the  district. 


CHAPTER    10. 
EDUCATIONAL  AND  CHARITABLE  INSTITUTIONS. 

ARTICLE  1. — UNIVERSITY  OF  NORTH  DAKOTA. 

§  875.  University,  where  located.  The  university  of  North 
Dakota  as  now  established  and  located  at  the  city  of  Grand  Forks 
shall  continue  to  be  the  university  of  the  state. 

§  876.  Board  of  trustees  to  govern.  The  government  of 
such  university  shall  be  vested  in  a  board  of  trustees  consisting  of 
five  members  to  be  appointed  by  the  governor  by  and  with  the  ad- 
vice and  consent  of  the  senate,  who  shall  hold  their  office  for  the 
term  of  four  years  commencing  on  the  first  Tuesday  in  April  next 
succeeding  their  appointment. 

§  877.  Governor  to  nominate.  Vacancies,  how  filled. 
The  governor  shall  nominate  and,  by  and  with  the  advice  and  consent 
of  the  senate,  appoint  during  each  regular  session  of  the  legislative 


86  GENERAL  SCHOOL  LAWS, 

assembly  trustees  of  such  university  in  the  place  of  those  whose  terms 
shall  thereafter  first  expire,  and  such  trustees  shall  hold  their  office 
until  their  successors  are  appointed  and  qualified;  provided,  that  the 
governor  shall  fill  any  vacancy  in  such  board  by  appointment  to 
•extend  only  until  the  first  Tuesday  in  April  succeeding  the  next 
regular  session  of  the  legislative  assembly;  and  provided,  further,  that 
the  governor  shall  during  such  next  regular  session  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  some  person  to 
fill  such  vacancy  for  the  remainder  of  the  term  uriexpired.  JNoi  more 
than  two  members  of  the  board  shall  be  appointed  from  the  same 
Bounty. 

-„§  8*78.  Powers  and  duties  of  board.  The  board  of  trustees 
4sfiall  possess  all  the  powers  necessary  to  accomplish  the  objects  and 
perform  the  duties  prescribed  by  law,  and  shall  have  the  custody  of 
the  books,  records,  buildings  and  all  other  property  of  such  univer- 
eity.  The  board  shall  elect  a  president  and  a  secretary  who  shall  per- 
form such  duties  as  may  be  prescribed  by  the  by-laws  of  the  board. 
The  secretary  shall  keep  a  correct  record  of  all  transactions  of  the 
board,  and  of  the  committees  thereof,  and  in  addition  to  performing 
the  duties  of  secretary,  he  shall  be  the  superintendent  of  the  build- 
ings and  grounds  of  the  university  and  discharge  such  other  duties 
as  may  from  time  to  time  be  prescribed  by  the  board  of  trustees. 

§  879.  Meetings  of  the  board.  The  time  for  the  election  of 
the  president  and  secretary  of  such  board  and  the  duration  of  their 
respective  terms  of  office,  the  time  for  holding  the  regular  annual 
meeting,  and  such  other  meetings  as  may  be  required,  and  the  man- 
ner of  giving  notice  of  the  same  shall  be  determined  by  the  board. 
Four  members  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  less  number  may  adjourn  from  time  to  time. 

8  880.  Number  of  meetings  limited.  Such  board  shall  not 
hold  more  than  twelve  sessions  in  any  year  and  such  sessions  shall 
uot  exceed  twenty-four  days  in  the  aggregate;  but  the  governor  may 
in  his  discretion  authorize  additional  sessions. 

§  881.  Government  of  university.  Powers  of  trustees. 
The  board  of  trustees  shall  adopt  rules  for  the  government  of  the 
university  in  all  its  branches;  elect  a  president  and  the  requisite  num- 
ber of  professors,  instructors,  officers  and  employees,  fix  the  salaries 
and  the  term  of  office  of  each,  and  determine  the  moral  and  educa- 
tional qualifications  of  applicants  for  admission  to  the  various  courses 
of  instruction;  but  no  instruction,  either  sectarian  in  religion  or  par- 
tisan in  politics  shall  ever  be  allowed  in  any  department  of  the  uni- 
versity, and  no  sectarian  or  partisan  test  shall  ever  be  allowed  or  exer- 
cised in  the  appointment  of  trustees,  or  in  the  election  of  professors, 
teachers  or  other  officers  of  the  university,  or  in  the  admission  of 
students  thereto  or  for  any  purpose  whatever.  Such  board  shall  have 
power  to  remove  the  president  or  any  professor,  instructor  or  officer 
of  the  university,  when  in  its  judgment  the  interests  of  the  university 
require  it.  The  board  may  prescribe  rules  and  regulations  for  the 


STATE    OF    NORTH    DAKOTA.  37 

management  of  the  library,  cabinets,  museum,  laboratories  and  all 
other  property,  of  the  university  and  of  Us  several  departments  and 
for  the  care  and  preservation  thereof,  with  suitable  penalties  and 
forfeitures  by  way  of  damages  for  their  violation,  which  may  be  sued 
for  and  collected  in  the  name  of  the  board  before  any  court  having 
jurisdiction. 

§  882.  Board  may  expend  income.  The  board  is  authorized 
to  expend  such  portion  of  the  income  of  the  university  fund  as  it 
may  deem  expedient  for  the  erection  of  suitable  buildings  and  the 
purchase  of  apparatus,  a  library,  cabinets  and  additions  thereto;  and, 
if  deemed  expedient,  it  may  unite  with  the  university  as  a  branch 
thereof  any  college  in  the  state,  upon  application  of  its  board  of 
trustees;  and  such  college  so  received  shall  become  a  branch  of  the 
university  and  be  subject  to  visitation  by  the  trustees. 

§  883.  Board  to  make  report,  when.  At  the  close  of  each 
fiscal  year  the  trustees  through  their  president  shall  make  a  report  in 
detail  to  the  governor,  exhibiting  the  progress,  condition  and  wants 
of  each  of  the  colleges  embraced  in  the  university,  the  course  of 
study  in  each,  the  number  of  professors  and  students,  the  amount  of 
receipts  and  disbursements,  together  with  the  nature,  cost  and  results 
of  all  important  investigations  and  experiments  and  such  other  infor- 
mation as  they  may  deem  important,  one  copy  of  which  shall  be 
transmitted  free  by  the  governor  to  each  college  endowed  under  the 
provisions  of  the  act  of  congress  entitled  "  An  act  donating  land  to 
the  several  states  and  territories  which  provide  colleges  for  the  benefit 
of  agriculture  and  mechanic  arts,"  approved  July  2,  1862,  and  also 
one  copy  to  the  secretary  of  the  interior. 

§  884.  Powers  of  the  president  and  faculty.  The  president 
of  the  university  shall  be  president  of  the  several  faculties  and  the 
executive  head  of  the  instructional  force  in  all  its  departments;  as 
such,  he  shall  have  authority,  subject  to  the  power  of  the  board  of 
trustees  to  give  general  directions  respecting  the  instruction  and 
scientific  investigation  of  the  several  colleges,  and  so  long  as  the 
interests  of  the  institution  require  it  he  shall  be  charged  with  the 
duties  of  one  of  the  professorships.  The  immediate  government  of 
the  several  colleges  shall  be  intrusted  to  their  respective  faculties,  but 
the  trustees  shall  have  the  power  to  regulate  the  course  of  instruction 
and  prescribe  the  books  or  works  to  be  used  in  the  several  courses, 
and  also  to  confer  such  degrees  and  grant  such  diplomas  as  are  usual 
in  universities,  or  as  they  shall  deem  appropriate,  and  to  confer  upon 
the  faculty,  by  by-laws,  the  power  to  suspend  or  expel  students  for 
misconduct  or  other  causes  prescribed  in  such  by-laws. 

§  885.  Object  and  departments  of  the  university.  The 
objects  of  the  university  shall  be  to  provide  the  means  of  acquiring  a 
thorough  knowledge  of  the  various  branches  of  learning  connected 
with  scientific,  industrial  and  professional  pursuits,  in  the  instruction 
and  training  of  persons  in  the  theory  and  art  of  teaching,  and  also 
instruction  in  the  fundamental  laws  of  this  state  and  of  the  United 


88  GENERAL     SCHOOL     LAWS, 

States  in  regard  to  the  rights  and  dnties  of  citizens,  and   to  this  end 
it  shall  consist  of  the  following  branches  or  departments: 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The  normal  college  or  department. 

4.  The  school  of  mines,  the  object  of  which  shall  be  to  furnish 
facilities  for  the  education  of  such  persons  as  may  desire  to  receive 
instruction  in  chemistry,  metallurgy,  mineralogy,  geology,   mining, 
milling  and  engineering. 

5.  The  military  department  or  school,  the  object  of  which  shall 
be  to  instruct  and  train  students  in  the  manual  of  arms   and  such 
military  maneuvers  and  tactics  as  are  taught  in  military  colleges. 

6.  Such  professional  or   other   colleges  or    departments  as  now 
are  or  may  from  time  to  time  be  added  thereto  or  connected  there- 
with, and  the  board  of  trustees  is  hereby  authorized  to  establish  such 
professional  and  other  colleges  or   departments  as  in  its   judgment 
may   be   deemed  necessary   and    proper;    but   no   money   shall   be 
expended  by  the  board  in  establishing  and  organizing  any  of  tho 
additional  colleges  or  departments  provided  for  in  this  section,  until 
an  appropriation  therefor  shall  have  first  been  made. 

§  886.  Courses  of  instruction.  The  college  or  department 
of  arts  shall  embrace  courses  of  instruction  in  mathematical,  physi- 
cal and  natural  sciences,  with  their  application  to  industrial  arts  such 
as  agriculture,  mechanics,  engineering,  mining,  and  metallurgy,  man- 
ufactures, architecture  and  commerce  and  such  branches  included  in 
the  college  of  letters  as  shall  be  necessary  properly  to  fit  the  pupils 
in  the  scientific  and  practical  courses  for  their  chosen  pursuits,  and 
in  military  tactics.  In  the  normal  department  the  proper  instruction 
and  learning  in  the  theory  and  art  of  teaching  and  in  all  the  various 
branches  and  subjects  needful  to  qualify  for  teaching  in  the  common 
schools;  and  as  soon  as  the  income  of  the  university  will  allow,  in- 
such  order  as  the  wants  of  the  public  shall  seem  to  require,  the 
courses  of  sciences  and  their  application  to  the  practical  arts  shall 
be  expanded  into  distinct  colleges  of  the  university,  each  with  its 
own  faculty  and  appropriate  title.  The  college  of  letters  shall  be 
co-existent  with  the  college  of  arts,  and  shall  embrace  a  liberal  course 
of  instruction  in  languages,  literature  and  philosophy,  together  with 
such  courses  or  parts  of  courses  in  the  college  of  arts  as  the  trustees 
shall  prescribe. 

§  887.  Scandinavian  language  taught.  It  shall  be  the 
duty  of  the  trustees  to  cause  to  be  taught  at  said  institution  the 
Scandinavian  language,  and  for  that  purpose  shall  employ  as  one  of 
the  teachers  of  such  institution  a  professor  learned  in  that  language. 

§  888.  Pupils,  who  may  become.  The  university  shall  be 
open  to  students  of  both  sexes  under  such  regulations  and  restric- 
tions as  the  board  of  trustees  may  deem  proper,  and  all  able  bodied 
male  students  of  the  university  may  receive  instruction  and  discipline 


STATE    OF    NORTH    DAKOTA. 


in  military  tactics,  the  requisite  arms  for  which  shall  be  furnished  by 
the  state. 

§  889.  Graduates  entitled  to  certificates  to  teach.  After 
any  person  has  graduated  at  the  university,  and  after  such  graduation 
has  successfully  taught  a  public  school  in  this  state  for  sixteen 
months,  the  superintendent  of  public  instruction  shall  have  authority 
and  it  shall  be  his  duty  to  countersign  the  diploma  of  such  teacher 
if  upon  examination  he  is  satisfied  that  such  person  has  a  good  moral 
character  and  is  possessed  of  sufficient  learning  and  ability  to  teach. 
Any  person  holding  a  diploma  granted  by  the  board  of  trustees  of 
such  university,  certifying  that  the  person  holding  the  same  has 
graduated  from  such  university,  shall,  after  his  diploma  has  been 
countersigned  by  the  superintendent  of  public  instruction  as  afore- 
said, be  deemed  qualified  to  teach  any  of  the  public  schools  in  the 
state,  and  such  diploma  shall  be  a  certificate  of  such  qualification 
until  annulled  by  the  superintendent  of  public  instruction. 

§  890.  Tuition  fees.  No  student  who  shall  have  been  a  res- 
ident of  the  state  for  one  year  next  preceding  his  admission  shall  be- 
required  to  pay  any  fees  for  tuition  in  the  university,  except  in  the 
law  department  and  for  extra  studies.  The  trustees  may  prescribe 
rates  of  tuition  for  any  pupil  in  the  law  department,  or  who  is  not  a 
resident  as  aforesaid,  and  for  teaching  extra  studies. 

§  891.  Compensation  of  trustees.  The  trustees  shall  be 
entitled  to  receive  the  sum  of  three  dollars  per  day  for  each  day 
employed  in  attendance  upon  sessions  of  the  board  and  all  traveling 
expenses  necessarily  incurred  thereby.  _  Upon  the  presentation  of  the 
proper  vouchers  containing  an  itemized  statement  of  the  number  of 
days  attendance  and  money  actually  expended  as  above  specified, 
duly  verified  by  the  oath  of  the  trustee  and  certified  by  the  president 
and  secretary  of  the  board,  the  state  auditor  shall  audit  such  claim 
and  draw  his  warrant  upon  the  state  treasurer  for  the  amount  allowed. 

§  892.  Trustees  to  make  rules  and  by-laws.  The  board  of 
trustees  shall  make  rules,  regulations  and  by-laws  for  the  govern- 
ment and  management  of  the  university  and  of  each  department 
thereof.  It  shall  also  prescribe  rules,  regulations  and  by-laws  for 
the  admission  of  students;  but  each  applicant  for  admission  must 
undergo  an  examination  to  be  prescribed  by  the  board,  and  shall  be 
rejected  if  it  shall  appear  that  he  is  not  of  good  moral  character.  The 
board  shall  also  require  each  applicant  for  admission  in  the  normal 
department,  other  than  such  as  shall,  prior  to  admission,  sign  and  file 
with  such  board  a  declaration  of  intention  to  follow  the  business  of 
teaching  in  the  common  schools  of  this  state  for  at  least  one  year,  to 
pay  such  fees  for  tuition  as  the  board  may  deem  proper  and  reason- 
able. 

§  893.  Salaries.  The  board  of  trustees  shall  from  time  to  time 
fix  the  salary  of  the  president,  professors  and  teachers  of  such 
university,  and  shall  certify  the  same  to  the  state  auditor.  Such 
board  shall  also  from  time  to  time  certify  to  the  state  auditor  the 


GENERAL     SCHOOL     LAWS, 


amount  due  such  persons  for  salary,  and  the  state  auditor  shall  draw 
his  warrants  upon  the  state  treasurer  for  the  amounts  so  certified. 

§  894.  Secretary  of  state  to  furnish  laws.  The  secretary 
of  state  shall  deliver  to  the  university  fifty  copies  of  each  volume  of 
the  general  and  special  laws  of  the  state,  and  the  reports  of  the  decisions 
of  the  supreme  court,  hereafter  published,  for  use  in  the  way  of 
exchanges  and  otherwise  in  the  establishment  and  maintenance  of  a 
law  library  for  the  law  department  of  such  university. 

§  895.  Supreme  court  reports,  how  obtained.  He  shall 
procure  for  the  purpose  aforesaid  from  the  publishers  of  the  supreme 
-court  reports  fifty  copies  of  each  volume  thereof  hereafter  published, 
in  addition  to  the  number  authorized  for  other  purposes,  to  be  paid 
for  at  the  same  price  and  in  the  same  manner  as  such  reports  are 
delivered  to  the  secretary  for  other  purposes. 

§  896.  Loan  of  muskets  authorized.  The  adjutant  general 
or  whoever  may  be  in  charge  of  state  arms  shall,  under  the  direction 
of  the  governor,  loan  to  the  board  of  trustees  of  such  university  one 
hundred  muskets  and  accoutrements  or  as  many  as  can  be  spared,  not 
exceeding  that  number,  the  same  to  be  used  for  drill  purposes,  by  the 
students  of  such  university. 

§  897.  Muskets,  when  returned.  In  case  such  arms  and 
accoutrements  are  needed  by  the  state  at  any  time,  the  governor  or 
adjutant  general  under  his  instructions  may  call  in  the  same  and  the 
trustees  of  such  university  shall  immediately  turn  the  same  over  to 
such  officer  in  good  condition. 

§  898.  Geological  survey.  Duty  of  trustees.  It  shall  be 
the  duty  of  the  board  of  trustees  of  the  university  to  cause  to  be  begun 
as  soon  as  may  be  practicable,  and  to  carry  on  a  thorough  geological 
and  natural  history  survey  of  the  state. 

§  899.  Extent  of  the  survey.  The  geological  survey  shall  be 
carried  on  with  a  view  to  a  complete  account  of  the  mineral  kingdom, 
as  represented  in  the  state,  including  the  number,  order,  dip  and 
magnitude  of  the  several  geological  strata,  their  richness  in  ores,  coals, 
clays,  peats,  salines  and  mineral  waters,  marls,  cements,  building  stones 
and  other  useful  materials,  the  value  of  said  substances  for  economical 
purposes,  and  their  accessibility;  also  an  accurate  chemical  analysis 
of  the  various  rocks,  soils,  ores,  clays,  peats,  marls  and  other  mineral 
substances  of  which  a  complete  and  exact  record  shall  be  made. 

§  900.  Meteorological  statistics  tabulated.  The  board  of 
trustees  shall  also  cause  to  be  collected  and  tabulated  such  meteoro- 
logical statistics  as  may  be  needed  to  account  for  the  varieties  of  climate 
in  the  various  parts  of  the  state  ;  also  to  cause  to  be  ascertained  by  baro- 
metrical observations  or  other  appropriate  means,  the  relative  eleva- 
tions and  depressions  of  the  different  parts  of  the  state;  and  also  on 
or  before  the  completion  of  such  surveys  to  cause  to  be  compiled  from 
such  actual  surveys  and  measurements  as  may  be  necessary  an  accu- 
rate map  of  the  state;  which  map  when  approved  by  the  governor 
shall  be  the  official  map  of  the  state. 

§  901  .     Specimens  collected.    It  shall  be  the  duty  of  said  board 


STATE    OF    NORTH    DAKOTA.  91 

to  cause  proper  specimens,  skillfully  prepared,  secured  and  labeled 
of  all  rocks,  soils,  ores,  coals,  fossils,  cements,  building  stones,  plants, 
woods,  skins  and  skeletons  of  animals,  birds,  insects  and  fishes,  and 
other  mineral,  vegetable  and  animal  substances  and  organisms  dis- 
covered or  examined  in  the  course  of  said  surveys,  to  be  preserved  for 
public  inspection  free  of  cost,  in  the  university  of  North  Dakota,  in 
rooms  convenient  of  access  and  properly  warmed,  lighted,  ventilated 
and  furnished,  and  in  charge  of  a  proper  scientific  curator;  and  they 
shall  also,  whenever  the  same  may  be  practicable,  cause  duplicates  in 
reasonable  numbers  and  quantities  of  the  above  named  specimens,  to 
be  collected  and  preserved  for  the  purpose  of  exchange  with  other 
state  universities  and  scientific  institutions,  of  which  latter  the 
Smithsonian  institution  at  Washington  shall  have  the  preference. 

§  902.  Map  of  the  state.  The  board  shall  cause  a  geological 
map  of  the  state  to  be  made  as  soon  as  may  be  practicable,  upon  which 
by  colors  and  other  appropriate  means  and  devices  the  various  geologi- 
cal formations  shall  be  represented. 

§  903.  Annual  report  of  trustees.  It  shall  be  the  duty  of  the 
board,  through  its  president,  to  make  on  or  before  the  second  Tuesday 
in  December  of  each  year,  a  report  showing  the  progress  of  said 
.surveys,  accompanied  by  such  maps,  drawings  and  specifications  aa 
may  be  necessary  and  proper  to  exemplify  the  same  to  the  governor, 
who  shall  lay  the  same  before  the  legislative  assembly,  and  the  board 
upon  the  completion  of  any  separate  portion  of  any  of  the  said  surveys 
shall  cause  to  be  prepared  a  memoir  or  final  report  which  shall  embody 
in  a  convenient  manner  all  useful  and  important  information  accumu- 
lated in  the  course  of  the  investigation  of  the  particular  department 
or  portion ;  which  report  or  memoir  shall  likewise  be  communicated 
through  the  governor  to  the  legislative  assembly. 

§  904.  State  geologist.  The  professor  of  geology  in  the  uni- 
versity shall  be  ex  officio  state  geologist. 

§  904a.  Appropriation  for  expenses  geological  survey. 
There  is  hereby  appropriated  out  of  any  funds  in  the  state  treasury 
not  otherwise  appropriated  the  sum  of  six  hundred  dollars  bien- 
nially to  meet  the  expenses  of  traveling  and  other  necessary  ex- 
penses connected  with  a  geological  survey  of  the  state  in  accordance 
with  the  law  providing  for  a  geological  survey. 

§  904£.  Annual  appropriation  for  maintenance.  For  the 
year  1899  and  for  each  year  thereafter,  there  is  hereby  appropriated 
out  of  any  moneys  in  the  state  treasury,  not  otherwise  appropriated, 
the  sum  of  two-fifths  of  a  mill  upon  the  dollar  of  the  assessed  valua- 
tion of  the  property  assessment  of  the  state  of  North  Dakota,  as 
fixed  by  the  state  board  of  equalization  for  the  preceding  year,  the 
same  to  be  paid  monthly  to  the  board  of  trustees  of  the  University 
of  North  Dakota  upon  the  voucher  of  said  board,  signed  by  its  pres- 
ident. 


94  GENERAL  SCHOOL  LAWS, 

belonging  to  such  school.  It  shall  have  power  to  fix  the  salaries  of 
employees,  except  members  of  the  faculty,  and  to  prescribe  their 
respective  duties,  and  to  remove  any  of  such  employees  at  any  time. 
It  shall  at  such  times  as  may  be  determined  upon  propose  to  the 
board  of  trustees  the  names  of  persons  as  principal,  teachers  and 
instructors,  with  the  recommendation  that  such  persons  be  employed 
by  such  board  of  trustees  as  the  faculty  of  such  school.  It  shall  on 
or  before  the  third  Monday  in  November  of  each  year,  make  an 
annual  reDort  to  the  board  of  trustees,  showing-  a  statement  of  all 
expenditures  of  funds  under  its  direction,  the  erection  and  care  of 
buildings,  the  condition  of  the  schools,  and  containing  such  recom- 
mendations as  they  may  think  proper. 

§  916.  Salaries  of  principal  and  teachers.  The  board  of 
trustees  shall  fix  the  salaries  of  the  principal,  teachers  and  instructors,, 
and  shall  employ  the  persons  therefor  that  have  been  recommended 
by  the  respective  boards  of  management,  unless  in  the  opinion  of  the 
board  of  trustees  a  reasonable  ground  exists  for  refusing  to  employ 
such  person.  The  board  of  trustees  shall  prescribe  the  time  and  the 
length  of  the  various  terms  of  such  schools. 

§  917.  The  faculty,  duties  of.  The  faculty  shall  consist  of  the 
principal,  teachers  and  instructors  employed  for  each  school  as  herein 
provided.  They  shall  pass  all  needful  rules  and  regulations  for  the 
government  and  discipline  of  the  schools,  regulating  the  routine  of 
labor,  study,  meals  and  the  duties  and  exercises  and  such  other  rules 
and  regulations  as  are  necessary  for  the  preservation  of  morals, 
decorum  and  health.  They  shall  carry  out  the  course  of  study 
adopted  by  the  board  of  trustees  and  shall  arrange  for  the  classifica- 
tion of  all  pupils  in  conformity  therewith. 

§  918.  Duty  of  principal.  The  principal  shall  be  the  chief 
executive  officer  of  the  school  and  it  shall  be  his  duty  to  see  that  all 
the  rules  and  regulations  are  executed.  The  subordinate  officers  and 
employees  shall  be  under  his  direction  and  supervision. 

§  919.  Annual  report  of  faculty.  The  faculty  shall,  on  or 
before  the  third  Monday  in  October  in  each  year  make  an  annual 
report  to  the  board  of  trustees  showing  the  general  condition  of  the 
school  and  containing  such  recommendations  as  the  welfare  of  the 
institution  demands. 

§  920.  Biennial  reports  to  governor.  The  board  of  trustees 
shall  make  a  report  to  the  governor  on  or  before  the  fifteenth  day  of 
November  next  preceding  each  biennial  session  of  the  legislative 
assembly,  containing  the  several  reports  of  the  boards  of  management 
and  faculties  herein  provided  for,  showing  the  condition  of  the  funds 
appropriated  for  the  school,  the  money  expended  and  the  purpose  for 
which  the  same  was '  expended,  in  detail,  and  showing  the  condition 
of  the  normal  schools  generally. 

§  921.  Diplomas.  The  board  of  trustees  and  the  respective 
faculties  of  each  school  shall  have  power  to  issue  diplomas  to  all  per- 
sons who  shall  have  completed  the  course  of  study  prescribed  for  the 


STATE    OF    NORTH    DAKOTA. 


95 


normal  schools  as  herein  provided,  and  who  shall  have  passed  a  satis- 
factory examination  under  the  direction  of  the  board  of  trustees,  upon 
the  branches  contained  in  such  course,  and  who  shall  be  known  to 
possess  a  good  moral  character,  which  diploma  shall  set  forth  the 
above  mentioned  facts  and  shall  be  designated  the  state  normal  school 
diploma. 

§  922.  State  professional  certificate.  Any  person  who  is  the 
holder  of  such  a  diploma  and  who  can  furnish  satisfactory  evidence 
to  the  superintendent  of  public  instruction  that  he  has  had  three? 
years'  sucessful  experience  as  a  teacher,  shall  be  granted  by  the  super- 
intendent of  public  instruction  a  state  professional  certificate,  valid 
for  life,  as  provided  by  law,  and  any  such  person  who  can  furnish 
satisfactory  evidence  of  one  year's  successful  experience  as  a  teacher 
shall  be  granted  such  certificate,  valid  for  five  years,  as  provided  by 
law.  The  fees  for  such  certificate  shall  be  as  provided  by  law. 

ARTICLE  4.  —  AGRICULTURAL  COLLEGE. 

§  934.  Location  of.  The  agricultural  college  shall  continue  as 
now  established  and  located  at  Fargo  in  the  county  of  Cass. 

§  935.  Management  of.  The  government  and  management 
of  such  college  is  vested  in  a  board  of  trustees  to  be  known  as  the 
board  of  trustees  of  the  agricultural  college. 

§  936.  Board  of  trustees,  how  appointed.  Vacancies. 
The  board  of  trustees  shall  consist  of  seven  members,  to  be  appointed 
as  follows:  During  each  biennial  session  of  the  legislative  assembly 
there  shall  be  nominated  by  the  governor  and,  by  and  with  the  advice 
and  consent  of  the  senate,  appointed  for  the  term  of  four  years, 
trustees  to  fill  vacancies  occurring  by  the  expiration  of  the  term  of 
office  of  those  previously  appointed.  The  governor  shall  have  power 
to  fill  all  vacancies  in  such  board  which  occur  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  such  board  shall  hold 
their  office  until  their  successors  are  appointed  and  qualified  as  pro- 
vided in  this  article.  Persons  appointed  to  fill  vacancies  shall  hold 
office  only  until  the  first  Tuesday  in  April  succeeding  the  next  session 
of  the  legislative  assembly. 

§  937.  Commission.  Oath.  Organization.  The  governor 
shall  cause  to  be  issued  to  each  trustee  so  appointed  a  commission 
under  the  great  seal  of  the  state.  At  the  first  meeting  of  such  board 
the  members  thereof  shall  take  and  subscribe  the  oath  of  office 
required  of  other  civil  officers  and  shall  then  proceed  to  elect  a  presi- 
dent, secretary  and  treasurer,  but  the  treasurer  shall  not  be  a  member 
of  the  board.  A  majority  of  the  members  of  the  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  board  shall 
require  a  bond  of  its  treasurer  in  such  an  amount  and  with  such 
sureties  as  it  may  deem  proper. 

§  938.  Meetings,  where  held.  Compensation  of  trustees. 
The  board  shall  hold  its  meetings  at  the  city  of  Fargo  at  such  times 
as  it  may  designate,  but  there  shall  not  be  to  exceed  sii  regular 
meetings  each  vear;  provided,  that  the  president  of  the  board  shall 


94  GENERAL  SCHOOL  LAWS, 

belonging  to  such  school.  It  shall  have  power  to  fix  the  salaries  of 
employees,  except  members  of  the  faculty,  and  to  prescribe  their 
respective  duties,  and  to  remove  any  of  such  employees  at  any  time. 
It  shall  at  such  times  as  may  be  determined  upon  propose  to  the 
board  of  trustees  the  names  of  persons  as  principal,  teachers  and 
instructors,  with  the  recommendation  that  such  persons  be  employed 
by  such  board  of  trustees  as  the  faculty  of  such  school.  It  shall  on 
or  before  the  third  Monday  in  November  of  each  year,  make  an 
annual  report  to  the  board  of  trustees,  showing-  a  statement  of  all 
expenditures  of  funds  under  its  direction,  the  erection  and  care  of 
buildings,  the  condition  of  the  schools,  and  containing  such  recom- 
mendations as  they  may  think  proper. 

§  916.  Salaries  of  principal  and  teachers.  The  board  of 
trustees  shall  fix  the  salaries  of  the  principal,  teachers  and  instructors,, 
and  shall  employ  the  persons  therefor  that  have  been  recommended 
by  the  respective  boards  of  management,  unless  in  the  opinion  of  the 
board  of  trustees  a  reasonable  ground  exists  for  refusing  to  employ 
such  person.  The  board  of  trustees  shall  prescribe  the  time  and  the 
length  of  the  various  terms  of  such  schools. 

§  917.  The  faculty,  duties  of.  The  faculty  shall  consist  of  the 
principal,  teachers  and  instructors  employed  for  each  school  as  herein 
provided.  They  shall  pass  all  needful  rules  and  regulations  for  the 
government  and  discipline  of  the  schools,  regulating  the  routine  of 
labor,  study,  meals  and  the  duties  and  exercises  and  such  other  rules 
and  regulations  as  are  necessary  for  the  preservation  of  morals, 
decorum  and  health.  They  shall  carry  out  the  course  of  study 
adopted  by  the  board  of  trustees  and  shall  arrange  for  the  classifica- 
tion of  all  pupils  in  conformity  therewith. 

§  918.  Duty  of  principal.  The  principal  shall  be  the  chief 
executive  officer  of  the  school  and  it  shall  be  his  duty  to  see  that  all 
the  rules  and  regulations  are  executed.  The  subordinate  officers  and 
employees  shall  be  under  his  direction  and  supervision. 

§  919.  Annual  report  of  faculty.  The  faculty  shall,  on  or 
before  the  third  Monday  in  October  in  each  year  make  an  annual 
report  to  the  board  of  trustees  showing  the  general  condition  of  the 
school  and  containing  such  recommendations  as  the  welfare  of  the 
institution  demands. 

§  920.  Biennial  reports  to  governor.  The  board  of  trustees 
shall  make  a  report  to  the  governor  on  or  before  the  fifteenth  day  of 
November  next  preceding  each  biennial  session  of  the  legislative 
assembly,  containing  the  several  reports  of  the  boards  of  management 
and  faculties  herein  provided  for,  showing  the  condition  of  the  funds 
appropriated  for  the  school,  the  money  expended  and  the  purpose  for 
which  the  same  was  •  expended,  in  detail,  and  showing  the  condition 
of  the  normal  schools  generally. 

§  921.  Diplomas.  The  board  of  trustees  and  the  respective 
faculties  of  each  school  shall  have  power  to  issue  diplomas  to  all  per- 
sons who  shall  have  completed  the  course  of  study  prescribed  for  the 


STATE    OF    NORTH    DAKOTA.  95 

normal  schools  as  herein  provided,  and  who  shall  have  passed  a  satis- 
factory examination  under  the  direction  of  the  board  of  trustees,  upon 
the  branches  contained  in  such  course,  and  who  shall  be  known  to 
possess  a  good  moral  character,  which  diploma  shall  set  forth  the 
above  mentioned  facts  and  shall  be  designated  the  state  normal  school 
diploma. 

§  922.  State  professional  certificate.  Any  person  who  is  the 
holder  of  such  a  diploma  and  who  can  furnish  satisfactory  evidence 
to  the  superintendent  of  public  instruction  that  he  has  had  three> 
years'  sucessful  experience  as  a  teacher,  shall  be  granted  by  the  super- 
intendent of  public  instruction  a  state  professional  certificate,  valid 
for  life,  as  provided  by  law,  and  any  such  person  who  can  furnish 
satisfactory  evidence  of  one  year's  successful  experience  as  a  teacher 
shall  be  granted  such  certificate,  valid  for  five  years,  as  provided  by 
law.  The  fees  for  such  certificate  shall  be  as  provided  by  law. 

ARTICLE  4.  —  AGRICULTURAL  COLLEGE. 

§  934.  Location  of.  The  agricultural  college  shall  continue  as 
now  established  and  located  at  Fargo  in  the  county  of  Cass. 

§  935.  Management  of.  The  government  and  management 
of  such  college  is  vested  in  a  board  of  trustees  to  be  known  as  the 
board  of  trustees  of  the  agricultural  college. 

§  936.  Board  of  trustees,  how  appointed.  Vacancies. 
The  board  of  trustees  shall  consist  of  seven  members,  to  be  appointed 
as  follows:  During  each  biennial  session  of  the  legislative  assembly 
there  shall  be  nominated  by  the  governor  and,  by  and  with  the  advice 
and  consent  of  the  senate,  appointed  for  the  term  of  four  years, 
trustees  to  fill  vacancies  occurring  by  the  expiration  of  the  term  of 
office  of  those  previously  appointed.  The  governor  shall  have  power 
to  fill  all  vacancies  in  such  board  which  occur  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  such  board  shall  hold 
their  office  until  their  successors  are  appointed  and  qualified  as  pro- 
vided in  this  article.  Persons  appointed  to  fill  vacancies  shall  hold 
office  only  until  the  first  Tuesday  in  April  succeeding  the  next  session 
of  the  legislative  assembly. 

§  937.  Commission.  Oath.  Organization.  The  governor 
shall  cause  to  be  issued  to  each  trustee  so  appointed  a  commission 
under  the  great  seal  of  the  state.  At  the  first  meeting  of  such  board 
the  members  thereof  shall  take  and  subscribe  the  oath  of  office 
required  of  other  civil  officers  and  shall  then  proceed  to  elect  a  presi- 
dent, secretary  and  treasurer,  but  the  treasurer  shall  not  be  a  member 
of  the  board.  A  majority  of  the  members  of  the  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  The  board  shall 
require  a  bond  of  its  treasurer  in  such  an  amount  and  with  such 
sureties  as  it  may  deem  proper. 

§  938.  Meetings,  where  held.  Compensation  of  trustees. 
The  board  shall  hold  its  meetings  at  the  city  of  Fargo  at  such  times 
as  it  may  designate,  but  there  shall  not  be  to  exceed  six  regular 
meetings  each  vear;  provided,  that  the  president  of  the  board  shall 


96  GENERAL  SCHOOL  LAWS, 

have  power  to  call  special  meetings  whenever  in  his  judgment  it 
becomes  necessary.  The  members  of  the  board  shall  receive  as  com- 
pensation for  their  services  the  sum  of  three  dollars  per  day  for  each 
day  employed  and  five  cents  per  mile  for  each  mile  actually  and  neces- 
sarily traveled  in  attending  the  meetings  of  the  board,  which  sum 
shall  be  paid  out  of  the  state  treasury  upon  vouchers  of  the  board 
-duly  certified  by  the  president  and  secretary  thereof. 

§  939.  Duties  of  board.  Such  board  shall  direct  the  dispo- 
sition of  all  moneys  appropriated  by  the  legislative  assembly  or  by  the 
congress  of  the  United  States,  or  that  may  be  derived  from  the  sale 
of  lands  donated  by  congress  to  the  state  for  such  college,  or  that  may 
be  donated  to  or  come  from  any  source  to  the  state  for  said  college,  or 
experiment  station  for  North  Dakota,  subject  to  all  restrictions  imposed 
upon  such  funds  either  by  the  constitution  or  laws  of  the  state  or  by 
the  terms  of  such  grants  from  congress,  and  shall  have  supervision 
and  charge  of  the  construction  of  all  buildings  authorized  by  law  for 
such  college  and  station.  The  board  shall  have  power  to  employ  a 
president  and  necessary  teachers,  instructors  and  assistants  to  conduct 
such  school  and  carry  on  the  experiment  station  connected  therewith 
and  to  appoint  one  of  its  members  superintendent  of  construction  of 
all  buildings,  who  shall  receive  three  dollars  per  day  for  each  day 
actually  and  necessarily  engaged  in  the  discharge  of  his  duties,  not 
to  exceed  fifty  days  in  any  one  year,  which  sum  shall  be  paid  out  of 
the  state  treasury  upon  the  vouchers  of  said  board. 

§  940.  Course  of  instruction.  The  object  of  such  college  shall 
be  to  afford  practical  instruction  in  agriculture  and  the  natural  sciences 
connected  therewith,  and  in  the  sciences  which  bear  directly  upon 
all  industrial  arts  and  pursuits.  The  course  of  instruction  shall 
embrace  the  English  language  and  literature,  mathematics,  military 
tactics,  civil  engineering,  agricultural  chemistry,  animal  and  vegetable 
anatomy  and  physiology,  the  veterinary  art,  entomology,  geology  and 
such  other  natural  sciences  as  may  be  prescribed,  political,  rural  and 
household  economy,  horticulture,  moral  philosophy,  history,  book- 
keeping and  especially  the  application  of  science  and  the  mechanic 
arts  to  practical  agriculture.  A  full  course  of  study  in  the  institution 
shall  embrace  not  less  than  four  years,  and  the  college  year  shall  con- 
sist of  not  less  than  nine  calendar  months,  which  may  be  divided  into 
terms  by  the  board  of  trustees  as  in  its  judgment  will  best  secure  the 
objects  for  which  the  college  was  founded. 

§  941.  Board  of  trustees  to  fix  salaries.  The  board  of  trus- 
tees shall  fix  the  salaries  of  the  president,  teachers,  instructors  and 
other  employees  and  prescribe  their  respective  duties.  The  board 
shall  also  fix  the  rate  of  wages  to  be  allowed  the  students  for  labor  on 
the  farm  and  experiment  station  or  in  the  shops  or  kitchen  of  the 
college.  The  board  may  remove  the  president  or  subordinate  officers 
and  supply  all  vacancies. 

§  942.  Faculty  to  adopt  rules  and  regulations.  The  faculty 
shall  consist  of  the  president,  teachers  and  instructors  and  shall  pass 
all  needful  rules  and  regulations  for  the  government  and  discipline  of 


STATE    OF    NORTH    DAKOTA. 


the  college,  regulating   the  routine  of  labor,  study,  meals  and   the 
duties  and  exercises,  and  all  such  rules  and  regulations  as  are  neces- 
sary for  the  preservation  of  morals,  decorum  and  health. 

§  943.  Duties  of  president.  The  president  shall  be  the  chief 
executive  officer  of  the  college  and  it  shall  be  his  duty  to  see  that  all 
rules  and  regulations  are  executed,  and  the  subordinate  officers  and 
employees  not  members  of  the  faculty  shall  be  under  his  direction  and 
supervision. 

§  944.  Faculty  to  make  annual  report  to  board.  The 
faculty  shall  make  an  annual  report  to  the  board  of  trustees  on  or 
before  the  first  Monday  in  November  of  each  year,  showing  the  con- 
dition of  the  school,  experiment  station  and  farm  and  the  results  of 
farm  experiments  and  containing  such  recommendations  as  the  welfare 
of  the  institution  demands. 

§  945.  Annual  report  to  governor.  The  board  of  trustees 
shall  on  or  before  the  fifteenth  day  of  November  in  each  year  make  a 
report  to  the  governor  setting  forth  in  detail  the  operations  of  the 
experiment  station,  including  a  statement  of  the  receipts  and  expend- 
itures, a  copy  of  which  report  shall  be  sent  by  the  governoi  to  the 
commissioner  of  agriculture  and  to  the  secretary  of  the  treasury  of 
the  United  States,  and  the  board  shall  also  make  a  report  to  the 
governor  on  or  before  the  fifteenth  day  of  November  next  preceding 
each  biennial  session  of  the  legislative  assembly,  containing  a  financial 
statement  showing  the  condition  of  all  funds  appropriated  for  the 
use  of  such  college  and  experiment  station,  also  the  moneys  expended 
and  the  purposes  for  which  the  same  were  expended,  in  detail,  also 
the  condition  of  the  institution  and  the  results  of  the  experiments 
carried  on  there. 

§  946.  Honorary  degrees  may  be  conferred.  The  board 
and  the  faculty  shall  have  power  to  confer  degrees  upon  all  persons 
who  shall  have  completed  the  course  of  study  prescribed  by  them, 
and  who  shall  have  passed  a  satisfactory  examination  in  the  branches 
contained  in  such  course,  and  who  possess  a  good  moral  character. 

§  947.  Experiment  station.  The  agricultural  experiment 
station  heretofore  established  in  connection  with  such  college  is  con- 
tinued and  the  same  shall  be  under  the  direction  of  the  board  of 
trustees  of  such  college,  for  the  purpose  of  conducting  experiments 
in  agriculture  according  to  the  provisions  of  section  1  of  the  act  of 
congress  approved  March  2,  1887,  entitled  "An  act  to  establish  agri- 
cultural experiment  stations  in  connection  with  the  colleges  estab- 
lished in  the  several  states  under  the  provisions  of  an  act  approved 
July  2,  1862,  and  of  the  acts  supplementary  thereto." 

§  948.  Legislative  assent  to  grant  by  congress.  The 
assent  of  the  legislative  assembly  is  hereby  given  in  pursuance  of  the 
requirements  of  section  9  of  said  act  of  congress,  approved  March  2, 
1887,  to  the  grant  of  money  therein  made  and  to  the  establishing  of 
an  experiment  station  in  accordance  with  section  1  of  said  last  men- 


98  GENERAL     SCHOOL     LAWS, 

tioned  act,  and  assent  is  hereby  given  to  carry  out  the  provisions  of 
said  act. 

8  949.  Acceptance  of  land  grant.  The  grants  of  land  accru- 
ing to  this  state  by  virtue  of  an  act  of  congress  donating  public  lands 
for  the  use  and  support  of  agricultural  colleges  approved  February 
22  1889  is  hereby  accepted  with  all  the  conditions  and  provisions  in 
said  act  contained,  and  said  lands  are  hereby  set  apart  for  the  use  and 
support  of  the^colleges^herein  provided  for. 

§  950.  Bond  of  treasurer.  The  treasurer  of  such  college  shall 
give  a  bond  in  the  sum  of  fifty  thousand  dollars  with  at  least  four 
sureties  to  be  approved  by  the  board  of  trustees  of  such  college,  con- 
ditioned for  the  faithful  accounting  of  all  moneys  received  by  him  as 
such  treasurer. 

ARTICLE  5.  —  DEAF  AND  DUMB  ASYLUM. 

§  951.  Location.  The  deaf  and  dumb  asylum  as  located  by  the 
constitution  at  Devils  Lake  shall  continue  to  be  the  institution  for 
the  support  and  education  of  the  deaf  and  dumb  children  of  the  state. 

§  952.  Board  of  trustees,  how  appointed.  Such  institution 
shall  be  under  the  supervision  of  a  board  of  trustees  consisting  of  five 
members,  who  shall  be  appointed  by  the  governor  by  and  with  the 
advice  and  consent  of  the  senate.  At  each  biennial  session  of  the 
legislative  assembly  the  governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  senate,  appoint  for  the  term  of  four  years, 
trustees  to  fill  vacancies  occurring  by  the  expiration  of  the  term  of 
office  of  those  previously  appointed,  and  the  governor  shall  have  power 
to  fill  all  vacancies  in  the  board  which  occur  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  such  board  shall  hold 
their  office  for  the  term  of  four  years  commencing  on  the  first  Tues- 
day in  April  succeeding  their  appointment,  and  until  their  successors 
are  appointed  and  qualified,  except  members  appointed  to  fill  vacancies 
during  the  recess  of  the  legislative  assembly,  which  members  shall 
hold  only  until  the  first  Tuesday  in  April  succeeding  the  next  regular 
session  of  the  legislative  assembly. 

§953.  Organization.  Meetings.  Such  trustees  shall  meet  in 
the  city  of  Devils  Lake.  They  shall  choose  from  among  their  num- 
ber a  president  and  secretary,  who  shall  hold  office  for  two  years,  and 
until  their  successors  are  appointed  and  qualified.  Three  members 
of  the  board  shall  constitute  a  quorum  for  the  transaction  of  business 
Such  board  shall  meet  annually  in  the  month  of  April  and  as  often 
thereafter  as  may  be  deemed  necessary  for  the  proper  transaction  of 
business,  upon  the  call  of  the  president  or  secretary. 

§  954.  Oath.  Duties  of  officers  of  board.  Each  member  of 
the  board  shall  before  entering  upon  his  duties  take  and  subscribe  the 
oath  required  of  other  civil  officers,  which  oath  shall  be  filed  in  the 
office  of  the  secretary  of  state.  The  president  shall  preside  at  all 
meetings  of  the  board  when  present  and  in  his  absence  a  president 


STATE    OF    NORTH    DAKOTA.  99 

pro  tempore  may  be  named  to  perform  the  duties  of  president.  The 
secretary  shall  keep  a  correct  record  of  the  proceedings  of  the  board 
and  have  charge,  in  trust  for  the  institution,  of  all  papers  and  records 
of  the  same. 

§  955.  Board  to  direct  disposition  of  moneys.  The  board 
shall  direct  the  disposition  of  all  moneys  appropriated  by  the  legisla- 
tive assembly  or  received  from  any  other  source  for  the  benefit  of 
such  institution. 

§  956.  Duties  of  board.  Such  board  shall  have  general  super- 
vision of  the  institution,  adopt  rules  for  the  government  thereof, 
employ  and  fix  the  salaries  of  all  employees,  provide  necessaries  for 
the  institution  and  perform  other  duties,  not  devolving  upon  the  ^  prin- 
cipal, necessary  to  render  it  efficient  and  to  carry  out  the  provisions 
of  this  article. 

§957.     Indebtedness  limited.     The  board  shall  not  create  any 

indebtedness  against  such  institution  exceeding  the  amount  appropri- 
ated by  the  legislative  assembly  for  the  use  thereof. 

§  958.  Compensation  of  members  of  board.  The  members 
of  the  board  shall  receive  as  compensation  for  their  services  three 
dollars  per  day  fofl  each  day  employed,  and  five  cents  per  mile  for 
each  mile  actually  and  necessarily  traveled  in  attending  meetings  of 
the  board,  to  be  paid  out  of  the  state  treasury  upon  vouchers  of  the 
board  duly  certified  by  the  president  and  secretary  thereof. 

§  959.  Fee  for  nonresident  children.  Deaf  and  dumb  children, 
not  residents  of  this  state,  of  suitable  age  and  capacity,  shall  be 
entitled  to  an  education  in  such  school  on  payment  to  the  state  treas- 
urer of  the  sum  of  one  hundred  and  eighty  dollars  per  annum,  in 
advance,  but  such  children  shall  not  be  received  to  the  exclusion  of 
children  of  this  state. 

§960.  Residents  en  titled  to  education  free.  Each  deaf  and 
dumb  person,  who  is  a  resident  of  this  state,  of  suitable  age  and 
capacity,  shall  be  entitled  to  receive  an  education  in  such  institution 
at  the  expense  of  the  state. 

§  961.  Deaf  to  be  reported  to  principal  of  school.  The 
assessors  in  each  county  shall  annually  report  to  the  county  auditor 
the  names,  ages,  post  office  address  and  names  of  parents  or  guardian 
of  each  deaf  and  dumb  person  between  the  ages  of  five  and  twenty  - 
five  years  residing  in  his  district,  including  all  such  persons  as  may  be 
too  deaf  to  acquire  an  education  in  the  common  schools,  Such  county 
auditor  shall,  on  or  before  the  first  day  of  August  in  each  year,  send  a 
list  containing  the  names,  ages  and  residences  of  all  such  persons  to 
the  principal  of  the  school. 

§  962.  Accounts  for  clothing,  how  collected.  When  the 
pupils  of  such  institution  are  not  otherwise  provided  or  supplied  with 
suitable  clothing,  they  shall  be  furnished  therewith  by  the  principal, 
who  shall  make  out  an  account  thereof  in  each  case  against  the  parent 
or  the  guardian,  if  the  pupil  is  a  minor,  and  against  the  pupil  if  he 
has  no  parent  or  guardian  or  if  he  has  attained  the  age  of  majority; 


100  GENERAL  SCHOOL  LAWS, 


which  account  shall  be  certified  to  be  correct  by  the  principal,  and  when 
so  certified  such  account  shall  be  presumed  correct  in  all  courts.  The 
principal  shall  thereupon  transmit  such  account  by  mail  to  the  county 
treasurer  of  the  county  from  which  the  pupil  so  supplied  shall  have 
come ;  and  such  treasurer  shall  proceed  at  once  to  collect  the  amount 
by  suit  in  the  name  of  his  county,  if  necessary,  and  pay  the  same  into 
the  state  treasury.  The  principal  shall  at  the  same  time  remit  a 
duplicate  of  such  account  to  the  state  auditor,  who  shall  credit  the 
same  to  the  account  of  the  school  and  charge  it  to  the  proper  county; 
provided,  that  if  it  shall  appear  by  the  affidavit  of  three  disinterested 
citizens  of  the  county,  not  of  kin  to  the  pupil,  that  such  pupil  or  his 
parents  would  be  unreasonably  oppressed  by  such  suit,  then  such 
treasurer  shall  not  commence  such  action,  but  shall  credit  the  same 
to  the  state  on  his  books  and  report  the  amount  of  such  account  to 
the  board  of  county  commissioners  of  his  county,  which  board  shall 
levy  a  sufficient  tax  to  pay  the  same  to  the  state  and  cause  the  same 
to  be  paid  into  the  state  treasury. 

§  963.     Transportation  of  indigent   persons,  how    paid. 

The  board  of  county  commissioners  shall  order  to  be'  paid  the 
expenses  of  transportation  to  and  from  such  institution  of  any  indi- 
gent deaf  and  dumb  children  entitled  to  admission  thereto,  and  they 
shall  at  the  time  of  levying  other  taxes,  levy  a  tax  sufficient  to  reim- 
burse the  county  therefor.  In  order  to  avoid  long  delay  in  transport- 
ing indigent  children  to  and  from  the  institution,  the  principal  may, 
upon  correspondence  with  the  auditor  of  such  county,  pay  such  trans- 
portation and  forward  to  such  county  auditor  an  itemized  statement 
of  the  expenses.  The  board  of  county  commissioners  shalKorder  the 
county  treasurer  to  draw  his  warrants  for  such  amount  in  favor  of  the 
principal  of  the  institution,  who  shall  account  for  such  money  as  pro- 
vided by  law. 

§  964.  Faculty.  Duties  of  principal.  The  officers  of  the 
institution  shall  be  a  principal  and  a  matron.  The  principal  shall  be  a 
capable  person,  skilled  in  the  sign  language  and  all  the  methods  in  use  in 
educating  the  deaf,  and  shall  have  knowledge  of  the  wants  and  require- 
ments of  the  deaf  in  their  proper  training  and  instruction.  The 
principal  and  matron  must  reside  at  the  institution.  The  principal 
shall  receive  a  salary  of  not  less  than  fifteen  hundred  dollars  per 
annum.  The  principal  shall  annually  make  to  the  board  of  trustees- 
a  written  report  stating  in  full  the  true  condition  of  the  educational, 
the  domestic  and  the  industrial  departments  of  the  institution  and 
his  action  and  proceedings  therein,  which  report  shall  be  embraced 
in  the  report  of  the  trustees  to  the  governor.  He  shall  keep  and  have  • 
charge  of  all  necessary  records  and  registers  of  each  department  and 
have  the  supervision  of  teachers,  pupils  and  servants  and  perform 
such  other  duties  as  the  board  may  require.  He  may  recommend  and 
with  the  approval  of  the  board  employ  all  assistants  needed  therein. 
He  shall  have  special  charge  of  the  male  pupils,  out  of  school  hours, 
and  shall  furnish  them  with  employment  about  the  premises  or  in 


STATE    OF    NORTH    DAKOTA.  101 

Some  trade  to  which  they  are  adapted  when  such  trades  have  been 
organized  and  established  at  the  institution  by  the  trustees  and  pro- 
vision for  their  maintenance  made  by  the  legislative  assembly.  The 
proceeds  and  products  arising  from  the  labor  and  employment  of 
the  pupils  shall  inure  to  the  use  and  benefit  of  the  institution. 

§  965.  Duty  of  matron.  The  matron  of  the  school  shall  have 
control  of  the  internal  arrangement  and  management  of  the  insti- 
tution and  of  the  female  pupils,  out  of  school  hours.  She  shall  in- 
struct the  female  pupils  in  the  domestic  arts  or  in  some  trade  to 
which  they  are  adapted,  under  the  direction  of  the  principal. 

§  966.  Board  to  make  biennial  reports.  The  board  of 
trustees  shall  on  or  before  the  fifteenth  day  of  November  preceding 
each  regular  session  of  the  legislative  assembly  make  a  full  and 
complete  report  to  the  governor,  showing: 

1.  A  statement  of  the  financial  condition  of  the  institution  from 
the  date  of  the  last  report,  giving  in  detail  the  amount  of  moneys 
received  from  all  sources  and  the  amount  expended. 

2.  The  value  of  real  estate  and  'buildings  at  the  date  of  the  last 
report  and  the  cost  of  improvements  made,  if  any,  ^ince  such  re- 
port. 

3.  The  number  of  pupils  in  attendance,  their  names,  ages,  resi- 
dences, and  cause  of  deafness:  also  the  number  that  have  entered 
the  institution,  and  the  number  of  those  who  have  left  since  the 
last  report. 

4.  The  number  and  cause  of  deaths,  if  any,  which  have  occurred 
in  the  institution  since  the  last  report. 

5.  The  improvement,  health  and  discipline  of  the  pupils. 

6.  The  names  of  the  officers,  teachers  and  servants  employed. 

7.  All  other  needful  information  touching  such  matters  as  may 
be  deemed  of  interest. 

8.  Such  recommendations  as  may  be  deemed  needful. 

§  966#.  Providing  for  equipment.  To  provide  for  the  erection 
and  equipment  of  additional  necessary  buildings  for  the  deaf  and 
dumb  asylum  at  the  city  of  Devils  Lake,  in  the  county  of  Ramsey, 
the  board  of  trustees  of  such  asylum  may  receive  such  sum  or  sums 
of  money  as  can  be  actually  used  in  the  construction  of  permanent 
buildings  and  other  needed  and  necessary  improvements  to  be 
made  and  expense  incurred  in  connection  therewith, .  not  exceed- 
ing the  sum  of  twenty  thousand  dollars,  and  to  each  person, 
association,  organization  or  corporation  so  subscribing  and  ad- 
vancing money  as  aforesaid,  the  said  board  of  trustees  shall  issoie  a 
certificate,  stating  the  date  of  issue  and  the  amount  of  such  sub- 
scription, which  said  certificate  shall  bear  interest  at  a  rate  of  inter- 
est not  exceeding  six  per  cent  per  annum,  and  shall  be  made 
payable  from  the  funds  to  accumulate  in  the  interest  and  income 
fund  arising  from  interest  on  permanent  fund  or  from  rents  re- 
ceived from  any  land  set  apart  for  said  asylum,  or  from  any  ap- 
propriation that  may  hereafter  be  made  for  that  purpose; 
provided,  that  until  a  sufficient  amount  of  money  accumulates 
in  the  fund  provided  for  that  purpose,  with  which  to 


102  GENERAL  SCHOOL  LAWS, 

pay  said  certificates,  the  holders  thereof  shall  each  be  paid  a  pro 
rata  share  of  such  fund  to  be  paid  out  on  said  indebtedness;  pro- 
vided further,  that  no  part  of  any  appropriation  hereinafter  to  be 
made  from  the  funds  of  the  state  of  North  Dakota,  unless  specific- 
ally appropriated  for  that  purpose,  shall  ever  be  used  in  payment  of 
said  indebtedness  or  any  part  thereof. 

§  966£.  Disposition  of  money  received.  All  money  that 
shall  arise  from  the  interest  received  on  all  moneys  derived  from  the 
sale  of  lands  hereinbefore  or  that  may  hereafter  be  appropriated 
for  said  deaf  and  dumb  asylum,  including  all  money  that  may  be  re- 
ceived fromtthe  renting  of  said  land  and  all  moneys  that  may  be 
hereafter  appropriated  for  said  deaf  and  dumb  asylum,  by  the  state 
of  North  Dakota,  including  all  money  raised  in  any  other  manner 
or  donated  to  said  asylum,  shall  be  deposited  with  the  state  treas- 
urer, to  be  kept  by  him  in  a  separate  fund,  which  shall  be  known 
as  the  deaf  and  dumb  asylum  fund,  and  be  used  exclusively  for  the 
benefit  of  said  deaf  and  dumb  asylum  as  may  be  herein  or  herein- 
after provided. 

§  966c.  Books  open  to  inspection.  Every  duty  and  contract 
to  be  performed  by  said  trustees  must  receive  the  approval  of  the 
majority  of  the  board  in  regular  session  duly  called,  in  order  to 
make  binding  and  valid.  All  proceedings  of  said  board  shall  be 
recorded  in  a  book  kept  for  that  purpose,  and  open  to  the  inspec- 
tion of  anybody  on  request. 

§  966d.  Itemized  vouchers.  All  money  that  may  come  into 
the  treasury  of  the  state  of  North  Dakota,  and  credited  to  the  deaf 
and  dumb  asylum,  shall  be  paid  out  to  the  persons  entitled  thereto, 
and  the  state  auditor  is  hereby  directed  to  draw  his  warrant  on  the 
funds  in  the  hands  of  the  state  treasurer  belonging  to  said  deaf  and 
dumb  asylum  upon  the  written  order  of  the  said  board  of  trustees, 
which  order  shall  be  accompanied  by  itemized  vouchers  for  the  full 
amount  of  such  order;  provided,  no  such  order  shall  be  issued  un- 
til there  is  cash  in  the  treasury  with  which  to  pay  the  same. 

§  966<?.  No  compensation.  The  trustees  shall  receive  no  com- 
pensation for  performing  the  duties  herein  prescribed. 

ARTICLE  6. — BLIND  ASYLUM. 

§  967.  Location  and  government.  There  is  hereby  estab- 
lished and  located  at  Bathgate  in  Penibina  county,  a  blind  asylum, 
which  shall  be  known  by  the  name  of  the  North  Dakota  Blind  Asy- 
lum. The  government  and  management  of  said  asylum  is  hereby 
vested  in  a  board  of  trustees  consisting  of  five  members,  which  shall 
br  styled  the  Board  of  Trustees  of  the  North  Dakota  Blind  Asylum. 

§  968.  Trustees,  how  appointed.  Length  of  term.  The 
members  of  the  board  shall  be  nominated  by  the  governor,  and,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  be  appointed 
on  or  before  the  third  Monday  of  February  of  each  biennial  session 
of  the  legislative  assembly,  for  a  period  of  four  years  from  said 


STATE    OP    NORTH    DAKOTA.  193 


date;  provided,  however,  that  the  first  board  of  trustees  shall  be 
appointed  by  the  governor  at  once  upon  the  taking  effect  of  this 
article;  provided,  further,  that  the  terms  of  the  first  board  shall 
be,  three  members  for  the  period  of  four  years,  and  two  members  for 
the  period  of  two  years,  the  length  of  the  term  of  the  respective 
trustees  to  be  designated  by  the  governor  in  making  the  appoint- 
ments. Such  appointments  shall  be  made  by  and  with  the  advice 
and  consent  of  the  senate,  when  the  legislative  assembly  is  in  ses- 
sion; otherwise,  the  trustees  appointed  shall  qualify  and  hold  office 
until  their  successors  are  appointed  and  qualified.  The  governor 
shall  have  power  to  fill  all  vacancies  which  may  occur  in  said  board 
when  the  legislative  assembly  is  not  in  session,  and  the  members 
of  said  board  shall  hold  their  office  until  their  successors  are  ap- 
pointed and  qualified  as  provided  herein. 

§  969.  Organization  of  board.  Quorum.  The  governor 
shall  cause  to  be  issued  to  each  of  said  trustees  a  commission,  which 
shall  be  under  the  great  seal  of  the  state.  At  the  first  meeting  of 
said  board  the  members  thereof  shall  take  and  subscribe  the  oath 
of  office  required  of  all  civil  officers  and  shall  then  proceed  to  elect 
a  president,  secretary  and  treasurer,  but  the  treasurer  need  not  be 
a  member  of  the  board.  A  majority  of  the  trustees  shall  constitute 
a  quorum  for  the  transaction  of  business.  The  board  shall  require 
a  bond  of  its  treasurer  and  fix  the  amount  thereof. 

§970.  Meetings  of  board.  Compensation.  The  board  shall 
hold  its  meetings  at  Bathgate  and  fix  the  time  of  holding  the  same; 
provided,  there  shall  not  be  to  exceed  twelve  regular  meetings  in 
each  year.  The  members  of  the  board  shall  receive  as  compensation 
for  their  services  three  dollars  per  day  for  each  day  employed,  not 
to  exceed  twenty-four  days  in  any  one  year,  and  five  cents  per  mile 
for  each  mile  actually  and  necessarily  traveled  in  attending  the 
meetings  of  the  board,  which  sum  shall  be  paid  out  of  the  state 
treasury  on  the  vouchers  of  said  board;  provided,  that  until  such 
time  as  the  legislative  assembly  shall  make  an  appropriation  for  the 
construction  and  maintenance  of  such  asylum,  or  until  there  shall 
be  derived  from  the  interest  on  the  proceeds  of  sales  of  or  rents 
derived  from  the  thirty  thousand  acres  appropriated  for  this  asy- 
lum, sufficient  funds  to  construct  and  maintain  such  asylum,  the 
sum  of  five  thousand  dollars,  the  trustees  appointed  under  this 
article  shall  receive  no  compensation  whatever,  nor  shall  they  issue 
their  warrant  upon  the  state  treasury  for  any  purpose  whatever. 

§  971.  Proceeds  from  land  grant.  The  thirty  thousand  acres 
of  land  donated  by  congress  for  the  purpose  of  such  blind  asylum 
and  appropriated  by  the  constitution  of  this  state  therefor,  and  all 
moneys  received  from  the  interest  and  income  derived  from  the 
sales  of  such  lands  or  rents  derived  from  the  leasing  of  such  lands, 
are  hereby  appropriated  for  the  construction  and  maintenance  of 
said  asylum. 

§  972.     By-laws  and  rules  of  regulation.     The  board  shall 


104  GENERAL  SCHOOL  LAWS, 


direct  the  disposition  of  all  moneys  appropriated  by  the  legislative 
assembly  or  the  interest  on  all  moneys  that  may  be  derived  from 
the  sale,  or  the  rent  derived  from  the  leasing  of  land  donated  by 
congress  to  this  state  and  by  the  constitution  of  the  state  appro- 
priated for  such  asylum,  and  shall  have  supervision  and  charge  of 
the  construction  of  all  buildings  provided  for  or  authorized  by  law 
for  said  asylum.  Said  board  shall  have  power  to  enact  by-laws 
and  rules  for  the  regulation  of  all  its  concerns  not  inconsistent 
with  the  laws  of  this  state,  to  see  that  its  affairs  are  conducted  in 
accordance  wTith  the  requirements  of  law;  to  provide  employment 
and  instruction  for  the  inmates;  to  appoint  a  superintendent,  a 
steward,  a  matron,  a  teacher  or  teachers,  and  such  other  officers 
as  in  its  judgment  the  wants  of  the  institution  may  require, and  pre- 
scribe their  duties;  to  exercise  a  general  supervision  over  the  insti- 
tution, its  officers  and  inmates,  fix  the  salaries  to  be  paid  to  the 
officers  and  to  order  their  removal,  upon  good  cause. 

§  973.  Reports,  when  made.  The  board  shall  make  a  report 
to  the  governor  on  or  before  the  last  Monday  in  December  next  pre- 
ceding each  biennial  session  of  the  legislative  assembly,  containing 
a  financial  statement  showing  the  condition  of  all  funds  appro- 
priated for  the  asylum;  also  the  money  expended  and  the  purpose 
for  which  the  same  was  expended  in  detail;  also  showing  the  condi- 
tion of  the  institution  generally. 

§  973<7.  Instruction  of  blind  children.  Until  otherwise  pro- 
vided the  governor  is  hereby  authorized  to  contract  with  the  state 
of  South  Dakota,  or  with  the  state  of  Minnesota,  for  the  care  and 
instruction  of  blind1  children  of  school  age,  and  shall  authorize  the 
state  auditor  to  issue  warrants  upon  the  state  treasury  for  that 
purpose. 

ARTICLE  7. — INDUSTRIAL  SCHOOL. 

§  974.  Location  of  school.  The  industrial  school  as  estab- 
lished and  located  at  the  city  of  Ellendale,  Dickey  county,  North 
Dakota,  shall  continue  to  be  an  industrial  school  and  a  school  for 
manual  training,  the  object  of  such  industrial  school  to  be  in- 
struction in  the  comprehensive  way  in  wood  and  iron  work  and  the 
various  other  branches  of  manual  training,  cooking,  sewing,  model- 
ing, art  work  and  the  various  other  branches  of  domestic  econo  .ny 
as  a  co-ordinate  branch  of  education  together  with  mathematics, 
drawing  and  other  necessary  common  school  studies. 

§  975.  Endowment.  All  proceeds  accumulating  in  the  interest 
and  income  fund  arising  from  the  sale  or  leasing  of  all  lands 
granted  or  hereafter  to  be  granted  by  the  state  of  North  Dakota  or 
by  the  constitution  of  the  state  of  North  Dakota  for  the  said  indus- 
trial school,  are  hereby  pledged  for  the  establishment  and  mainten- 
ance of  said  industrial  school. 

§  976.   Management.   The  management  and  government  of  such 


STATE    OF    NORTH    DAKOTA.  105 


school  shall  be  vested  in, a  board  of  trustees,  consisting  of  'ive 
members,  two  of  whom  shall  be  residents  of  Dickey  county,  to  be 
known  as  the  board  of  trustees  of  the  industrial  school,  and  to  be 
appointed  as  provided  in  this  section.  The  members  of  the  board 
shall  be  nominated  by  the  governor  and  by  and  with  the  consent 
of  the  senate,  shall  be  appointed  on  or  before  the  third  Monday  in 
February  of  each  biennial  session  of  the  legislative  assembly,  for  a 
period  of  four  years  from  said  date;  provided,  however,  that  the  first 
board  of  trustees  shall  be  appointed  by  the  governor  at  once  upon 
the  taking  effect  of  this  article,  and  provided,  further,  that  the  term 
of  the  first  board  shall  be,  three  members  for  a  period  of  four  years 
and  two  members  for  a  period  of  two  years,  the  length  of  the  term 
of  the  respective  trustees  to  be  designated  by  the  governor  in  mak- 
ing the  appointments.  Such  appointments  shall  be  made  by  and 
with  the  consent  of  the  senate,  when  the  legislative  assembly  is  in 
session,  otherwise  the  trustees  appointed  shall  qualify  and  hold 
office  until  their  successors  are  appointed  and  qualified.  The  gov- 
ernor shall  have  power  to  fill  all  vacancies  which  may  occur  in  said 
board  when  the  legislative  assembly  is  not  in  session,  and  the  mem- 
bers of  said  board  shall  hold  their  office  until  their  successors  are 
appointed  and  qualified  as  provided  herein. 

§  977.  Meetings  of  board.  Compensation.  The  board 
shall  hold  its  meetings  at  the  city  of  Ellendale,  in  Dickey  county, 
and  fix  the  time  for  holding  the  same.  They  shall  not  hold  to  ex- 
ceed six  regular  meetings  each  year,  provided,  that  the  president 
of  the  board  shall  have  power  to  call  special  meetings,  whenever 
in  his  judgment  it  becomes  necessary.  At  their  first  meeting  they 
shall  proceed  to  elect  a  president  and  a  secretary,  but  the  secretary 
need  not  be  a  member  of  the  board  of  trustees,  and  at  said  meeting 
they  shall  adopt  a  seal  for  said  state  industrial  school.  A  major- 
ity of  the  board  shall  be  a  quorum.  Each  trustee  and  the  secretary 
shall  receive  three  dollars  per  day  for  each  day  necessarily  employed 
in  attendance  upon  sessions  of  the  board,  and  five  cents  per  mile 
for  each  mile  necessarily  traveled,  to  be  paid  on  presentation  of 
proper  vouchers  containing  an  itemized  statement  of  the  number 
of  days  in  attendance  and  miles  actually  traveled  as  above  pro- 
vided, duly  verified  by  his  oath  and  approA^ed  by  the  president  and 
secretary  of  the  board,  and  the  state  auditor  shall  audit  such 
claims  and  draw  his  warrants  upon  the  state  treasurer  for  the 
amounts  so  allowed. 

§  978.  Oath.  Bond.  Plans  and  specifications.  Before 
entering  upon  the  duties  of  his  office  each  member  of  said  board  of 
trustees  shall  take  and  subscribe  an  oath  as  follows:  "I  do  sol- 
emnly swear  that  I  will  support  the  constitution  of  the  United 
States  and  the  constitution  of  the  state  of  North  Dakota,  and  will 
faithfully  discharge  the  duties  of  board  of  trustees'of  the  state 
industrial  school  according  to  the  best  of  my  ability;  that  I  have  not 
received  and  will  not  knowingly  and  intentionally,  directly  or  in- 


1()6  GENERAL     SCHOOL     LAWS, 

directly,  receive  any  money  or  other  consideration  from  any  source 
whatever  for  any  vote  or  influence  I  may  give  or  withhold  or  for 
any  other  official  act  I  may  perform  as  such  trustee,  except  as  herein 
provided."  He  shall  also  execute  a  bond  in  the  penal  sum  of  three 
thousand  dollars,  for  the  use  and  benefit  of  the  state  of  North  Da- 
kota, with  two  or  more  good  and  sufficient  sureties  to  be  approved 
by  the  governor,  and  be  filed  with  the  secretary  of  state,  conditioned 
upon  the  faithful  performance  of  his  duties  and  the  honest  and 
faithful  disbursement  of  and  accounting  for  all  moneys  which  may 
come  into  his  hands  under  the  provisions  of  this  article.  The  mem- 
bers of  said  board  having  taken  the  foregoing  oath  and  executed 
the  bond  as  aforesaid  are  hereby  empowered  and  required  to  cause 
to  be  prepared  suitable  plans  and  specifications  by  a  competent 
architect.  Such  plans  shall  contemplate  the  erection  of  a  building 
or  buildings  which  will  accommodate  not  less  than  one  hundred  nor 
more  than  five  hundred  students,  and  shall  be  accompanied  by  spec- 
ifications and  by  a  detailed  estimate  of  the  amount  required  and  de- 
scription of  all  material  and  labor  required  for  the  erection  and  full 
completion  of  the  building  or  buildings;  and  no  plan  shall  be 
adopted  that  contemplates  the  expenditure  of  more  money  for  its 
completion  that  the  amount  reasonably  necessary  to  carry  out  the 
object  of  said  institution. 

§  979.  Superintendent  of  construction.  Proposals  for 
building.  The  said  board  of  trustees  shall  employ  the  archi- 
tect whose  plans  and  specifications  are  accepted  to  act  as  sup- 
erintendent of  construction,  who  shall  receive  for  such  plans  and 
specifications  and  for  superintending  construction  such  pay  as  the 
board  by  agreement  shall  determine.  Which  pay  shall  not  exceed 
an  amount  equal  to  five  per  cent  of  the  estimated  cost  of  said  build- 
ing. Whenever  the  said  plans  and  specifications  shall  have  been 
approved  and  adopted  by  a  majority  of  the  board  of  trustees  they 
shall  cause  to  be  inserted  in  at  least  two  of  the  daily  newspapers 
published  in  the  state  of  North  Dakota,  and  having  a  general  circu- 
lation therein  an  advertisement  for  sealed  bids  for  the  construction 
of  the  buildings  herein  authorized,  and  they  shall  furnish  a  printed 
copy  of  this  article,  and  a  copy  of  the  plans  and  specifications  to  any 
person  or  persons  applying  therefor;  provided,  said  trustees  may 
advertise  as  aforesaid  whenever  there  shall  be  a  sufficient  amount 
of  money  to  the  credit  of  said  industrial  school  with  which  to  con- 
struct all  or  any  part  thereof  deemed  expedient  by  said  trustees  to 
erect  or  construct;  provided,  further,  that  said  building  or  build- 
ings shall  be  erected  on  the  piece  or  parcel  of  land  at  or  near  the 
city  of  Ellendale,  in  Dickey  county,  donated  by  the  citizens  of  said 
city,  and  now  held  in  fee  simple  by  the  state  of  North  Dakota.  No 
trustees  or  officers  of  said  industrial  school  shall  be  in  any  wa^  in- 
terested in  any  contract  for  the  erection  of  said  building  or  build- 
ings or  furnishing  any  material  for  said  buildings,  and  if  any  such 
officer  be  so  interested  he  shall  be  deemed  guilty  of  a  misdemeanor 


STATE    OF    NORTH    DAKOTA.  107 

and  on  conviction  be  fined  in  any  sum  not  exceeding  five  thousand 
dollars. 

§  980.  Bonds.  Interest.  To  provide  for  the  erection  and 
maintenance  of  said  state  industrial  school  the  said  board  of  trus- 
tees may  issue  bonds  for  such  sum  or  sums  of  money  as  can  be 
actually  used  in  the  construction  of  permanent  buildings  and  other 
needed  and  necessary  improvements  to  be  made  for  the  maintenance 
of  said  state  industrial  school  not  exceeding  the  sum  of  fifteen 
thousand  dollars;  said  bonds  shall  be  in  denominations  of  one  thous- 
and dollars  each,  and  be  made  payable  to  the  purchaser  or  bearer, 
be  payable  in  not  less  than  ten  years  or  more  than  thirty  years  from 
the  date  of  their  issue  and  bear  interest  at  a  rate  not  exceeding  five 
per  cent  per  annum,  payable  semi-annually  on  the  first  of  January 
and  July  of  each  year,  with  coupons  attached  for  each  interest  pay- 
ment, and  they  may  be  made  payable  anywhere  in  the  United  States. 
Such  bonds  shall  be  executed  under  the  seal  of  the  board  of  trus- 
tf.es  of  the  state  industrial  school,  shall  be  attested  by  the  president 
and  secretary  of  said  board,  and  when  executed  shall  be  delivered 
to  the  state  treasurer.  The  treasurer  shall  receive  sealed  proposals 
for  the  purchase  of  the  same  and  shall  give  public  notice  of  the  sale 
for  at  least  thirty  days  preceding  such  sale  in  two  or  more  news- 
papers of  general  circulation,  one  of  which  shall  be  published  in  the 
city  of  New  York,  giving  date  of  such  sale,  and  such  bonds  shall 
be  sold  to  the  highest  bidder  for  cash.  Said  bonds  and  interest 
shall  be  paid  from  the  interest  and  income  fund  belonging  to  the 
state  industrial  school,  to  be  accumulated  from  the  sale  of  lands 
hereinbefore  appropriated,  or  from  the  rental  of  such  lands;  pro- 
vided, that  if  at  any  time  there  shall  not  be  sufficient  money  in  such 
fund  to  pay  such  interest,  there  is  hereby  appropriated  out  of  the 
state  treasury  from  funds  not  otherwise  appropriated,  a  sum  suf- 
ficient to  meet  the  deficiency  for  the  payment  of  such  interest;  pro- 
vided, further,  that  a  sufficient  amount  of  the  funds  accumulating 
in  the  interest  and  income  fund  of  the  state  industrial  school  shall 
be  used  and  applied  solely  for  the  payment  of  the  interest  on  such 
bonds,  and  for  the  creation  of  a  sinking  fund  with  which  to  pay 
such  bonds  at  maturity. 

§  981.  Treasurer  to  keep  funds.  Accounts,  how  audited. 
All  moneys  that  may  accrue  from  the  interest  and  income  derived 
from  the  renting  and  sale  of  lands  hereinbefore  appropriated  and 
all  moneys  that  may  hereafter  be  appropriated  by  the  legislative 
assembly  of  North  Dakota,  including  all  moneys  raised  in  any  other 
manner  for  said  school,  shall  be  deposited  with  the  state  treasurer, 
to  be  by  him  kept  in  a  separate  fund,  which  shall  be  known  as  the 
state  industrial  school  fund;  and  such  funds  shall  be  used  exclu- 
sively for  the  benefit  of  said  school,  as  may  be  herein  or  hereinafter 
provided.  The  board  of  trustees  of  the  state  industrial  school  shall 
audit  all  accounts  against  the  funds  appropriated  by  the  legislative 
assembly  of  the  state  of  North  Dakota,  or  held  by  the  state  for  the 


108  GENERAL  SCHOOL,  LAWS, 

use  of  the  state  industrial  school,  and  the  state  auditor  shall  issut 
his  warrant  upon  the  state  treasurer  for  the  amount  of  all  accountf 
which  have  been  so  audited  and  allowed  by  the  board  of  trustees 
and  attested  by  the  president  and  secretary  of  said  board.  The 
board  of  trustees  of  the  state  industrial  school  shall  direct  the  d» 
position  of  all  moneys  appropriated,  or  that  may  hereafter  be  appro* 
priated  by  the  legislative  assembly  of  the  state  of  North  Dakota,  dip 
may  hereafter  accumulate  in  any  manner  in  the  state  industria 
school  fund.  The  board  shall  have  the  power  to  receive  all  don| 
lions,  gifts  and  bequests  that  may  be  offered  or  tendered  to  or  fol 
the  benefit  of  such  school,  and  dispose  of  the  same.  All  moneys  coin- 
ing into  the  hands  of  such  board  shall  be  immediately  covered  intii 
the  state  treasury  to  the  credit  of  the  state  industrial  school  fund.  £ 

§  982.  Faculty.  The  board  of  trustees  shall  have  power  to 
employ  a  president  and  necessary  teachers,  instructors  and  assist- 
ants to  conduct  such  school,  and  to  prescribe  their  respective  duties 
and  to  fix  the  salaries  of  such  employees.  They  shall  have  power  ti 
remove  the  president,  instructors  and  assistants  and  to  fill  all  vsfc 
cancies.  The  faculty  shall  consist  of  the  president,  teachers  and  in- 
structors, and  it  shall  pass  all  needful  rules  and  regulations  for  tij 
government  and  discipline  of  the  school  and  all  such  rules  and  re$ 
illations  as  are  necessary  for  the  preservation  of  morals,  decorun 
and  health. 

§  983.  Reports.  The  faculty  shall  make  an  annual  report  < 
the  board  of  trustees  on  or  before  the  first  Monday  of  November  of 
each  year,  showing  the  condition  of  the  school  and  containing  such 
recommendations  as  the  welfare  of  the  institution  shall  demand. 
The  board  of  trustees  shall  make  a  report  to  the  governor  on  or  be- 
fore the  fifteenth  day  of  November  next  preceding  each  biennial  ses- 
sion of  the  legislative  assembly,  containing  the  several  reports  <rf 
the  faculty  herein  provided  for,  and  showing  the  condition  of  the 
funds  appropriated  for  the  school,  the  money  expended  and  1h€ 
purpose  for  which  the  same  was  expended  in  detail,  and  showing 
the  number  of  students  in  attendance,  the  work  accomplished  ty 
them,  and  the  condition  of  the  school  in  general. 

CHAPTER  4.— PUBLIC  BOARDS. 

ARTICLE  3. — BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS. 
§  169.  Board,  how  constituted.  The  governor,  secretary  of 
state,  state  auditor,  attorney  general  and  superintendent  of  public 
instruction  shall  constitute  the  board  of  university  and  schoif 
lands.  The  governor  shall  be  president;  the  secretary  of  state,  vicf 
president  and  the  superintendent  of  public  instruction,  secretary 
thereof.  In  the  absence  of  the  superintendent  of  public  instruc- 
tion at  any  meeting  of  the  board  the  deputy  superintendent  of  pub? 
lie  instruction  shall  act  as  secretary,  but  shall  not  be  entitled  to  a 
vote.  Such  board,  when  acting  as  such,  must  act  personally;  no 
member  can  be  represented  on  such  board  by  any  assistant  or  clerk. 


STATE    OF    NORTH    DAKOTA. 


§  170.  Board,  powers  of.  Subject  to  the  provisions  of  article 
9  of  the  constitution  and  the  provisions  of  this  article,  such  board 
shall  have  the  full  control  of  the  selecting,  appraisement,  rental, 
sale,  disposal  and  management  of  all  school  and  public  lands  of  the 
state,  including  the  real  property  donated  to  the  territory  of  Dakota 
under  the  provisions  of  chapter  104  of  the  laws  of  1883,  except  such 
as  has  been  sold,  and  the  investment  of  the  permanent  funds  derived 
from  the  sale  thereof,  or  from  any  other  source,  and  shall  have 
power  to  appoint  a  competent  person  to  act  as  the  general  agent 
of  the  board  in  the  performance  of  all  its  duties  pertaining  to  the 
selection,  sale,  leasing  or  contracting  in  any  manner  allowed  by  law, 
and  the  general  control  and  management  of  all  matters  relating  to 
the  care  and  disposition  of  the  public  lands  of  the  state,  all  of  whose 
official  acts  shall  be  subject  to  the  approval  and  supervision  of  the 
board.  The  title  of  such  agent  shall  be  commissioner  of  university 
and  school  lands,  and  before  entering  upon  his  duties  as  such  he 
shall  take  the  oath  prescribed  for  civil  officers  and  give  a  bond  in  the 
penal  sum  of  ten  thousand  dollars,  with  not  less  than  two  sureties, 
to  be  approved  by  the  board,  and  recorded  in  the  office  of  the  secre- 
tary of  state  and  filed,  when  recorded,  in  the  office  of  the  state 
treasurer. 

§§  171.  Meetings  of  board.  Such  board  shall  meet  at  the  office 
of  the  commissioner  on  the  last  Thursday  of  each  month,  at  ten 
o'clock  in  the  forenoon.  Special  meetings  of  the  board  may  be  held 
at  any  time  at  the  written  call  of  the  president  or  any  two  members 
of  the  board.  Any  three  members  of  the  board  shall  constitute  a 
quorum. 

§  172.  Board  to  invest  school  funds.  Such  board  shall  have 
the  power  and  it  is  made  its  duty  from  time  to  time  to  invest  any 
money  belonging  to  the  permanent  funds  of  the  common  schools, 
university,  school  of  mines,  reform  school,  agricultural  college,  and 
deaf  and  dumb  asylum,  normal  schools,  and  all  other  permanent 
funds  derived  from  the  sale  of  public  lands  or  from  any  other 
source,  in  bonds  of  school  corporations  within  the  state,  bonds  of 
the  United  States,  bonds  of  the  state  of  North  Dakota,  or  in  first 
mortgages  on  farm  lands  in  the  state  not  exceeding-  in  amount  one- 
third  of  the  actual  value  of  any  subdivision  on  which  the  same  may 
be  loaned.  •  Such  value  to  be  determined  by  the  county  board  of 
appraisal  of  the  respective  counties  as  provided  for  in  section  183  ; 
provided,  that  at  least  one-fourth  of  the  whole  amount  of  the  sev- 
eral permanent  funds  aforesaid  as  computed  by  the  commissioner 
of  university  and  school  lands  at  the  end  of  each  fiscal  year,  shall 
be  set  apart  for  investment  in  first  mortgages  on  farm  lands  in  this 
state,  and  only  in  the  manner  following,  towit  : 

1.  That  the.said-frrst  mortgages  and  each  of  them,  shall  run  for 
a  period  of  time  and  not  to  exceed  ten  years  and  that  the  funds  so 
invested  shall  bear  interest  at  the  rate  of  six  per  cent  per  annum, 
said  interest  together  with  ten  per  cent  of  the  whole  amount  of  the 


110  GENERAL     SCHOOL     LAWS, 

principal  to  be  paid  in  annual  installments  and  the  interest  when 
paid  shall  be  covered  into  and  become  a  part  of  the  interest  and 
income  fund. 

2.  First  mortgage  loans  shall   only  be  made  upon  cultivate^ 
lands  within  the  state,  and  to  persons  who  are  actual  residenty 
thereof.  %  And  in  no  cases  on  land  of  which  the  appraised  value  is 
less  than  seven  dollars  and  fifty  cents  per  acre,  and  in  sums  net 
more  than  one  thousand  dollars  to  any  one  person,  firm  or  corp* 
ration. 

3.  All  or  any  of  said  mortgages  may  be  satisfied  at  any  time 
after  five  years  from  the  date  when  made  on  payment  of  the  full 
amount  due  thereon.      All  proceedings  in  regard  to  investments  in 
first  mortgages  as  provided  in  this  chapter,  shall  conform  to  and 
be  governed  toy  the  laws  of  the  state  of  North  Dakota  in  such  case 
made  and  provided.      Said  board  of  university  and  school  lands 
shall  not  purchase  or  approve  the  purchase  of  any  bonds  or  mort- 
gages except  at  a  legal  session  thereo-f,  nor  unless  every  member 
of  the  board  is  notified  by  the  secretary  of  said  board  in  time  to  be 
present  at  such  meeting,  and  notified  also  that  the  question  of  pui*- 
chasing  or  acting  on  a  proposition  for  the  purchase  of  certain 
bonds  or  mortgages  is  to  be  considered  at  the  meeting,  nor  unless 
a  majority  of  all  the  members  vote  in  favor  of  such  purchase,  and 
the  vote  on  the  purchase  of  every  bond  and  mortgage  shall  be  taken 
by  the  yeas  and  nays  and  shall  be  duly  recorded  in  the  books  of  the 
board. 

§  173.  Records  to  be  kept  by  secretary.  The  secretary 
shall  enter  in  a  suitable  book  kept  for  that  purpose  a  full  and  cor- 
rect record  of  all  the  proceedings  of  said  board  at  each  session 
thereof,  which  record  when  approved  shall  be  signed  by  the  presi- 
dent or  presiding  officer  of  the  meeting  and  the  secretary;  he  shall 
also  keep  such  other  books  as  may  be  necessary  properly  to  register 
and  describe  all  bonds  and  mortgages  purchased  or  taken  by  it  for 
the  benefit  of  any  of  the  permanent  funds  under  its  control.  Such 
books  shall  be  ruled  so  as  to  permit  the  registry  of  the  name  and 
residence  of  the  person  offering  to  sell  any  such  bonds  or  mort- 
gages, the  district  for  which  such  offer  is  made,  a  description  of  the 
property  covered  by  the  mortgage,  and  a  full  and  detailed  descrip- 
tion of  every  bond,  whether  United  States,  state  or  school  district, 
and  the  date,  number,  series,  amount  and  rate  of  interest  of  each 
bond,  and  when  the  interest  and  principal,  respectively,  are  pay- 
able; and  such  record  shall  be  made  of  every  such  bond  and  mort- 
gage before  the  board  shall  act  upon  the  question  of  purchasing 
the  same.  The  secretary  shall  also  keep  in  suitaible  books  a  record 
showing  a  detailed  statement  of  the  condition  of  all  the  permanent 
funds  under  control  of  said  board,  the  amount  of  each  fund,  how 
invested,  when  due,  interest  paid  and  any  other  act  in  any  manner 
connected  with  the  management  of  said  funds,  and  shall  biennially 
report  all  such  investments  to  the  governor,  to  be  laid  before  the 


STATE    OF    NORTH    DAKOTA. 


legislative  assembly.     All  the  records  and  record  books  of  such 
board  shall  at  all  times  be  open  for  inspection  by  the  public. 

§  1  74.  Treasurer  custodian  of  funds.  All  moneys  belonging 
to  the  permanent  funds  of  the  common  school  and  other  public 
institutions  derived  from  the  sale  of  any  of  the  public  lands  or 
from  any  other  source  shall  be  paid  to  and  held  by  the  state  treas- 
urer, and  be  subject  to  the  order  of  such  board,  and  shall  be  paid 
over  to  order  of  the  board  for  investment  as  provided  in  section 
172  of  this  article,  whenever  the  board  requires  the  same  for  such 
investment.  The  state  treasurer  shall  also  be  the  custodian  of  all 
bonds,  notes,  mortgages  and  evidences  of  debt  arising  out  of  the 
management  of  the  permanent  funds  derived  from  the  sale  of  any 
of  the  public  lands  of  the  state  or  from  any  other  source. 

§  175.  Investments.  How  unpaid  moneys  to  be  collected. 
It  shall  be  the  duty  of  the  state  treasurer,  from  time  to  time  as  the 
same  become  due,  to  collect  all  moneys  due  and  owing  on  any  and 
all  of  the  securities  held  by  him  for  investment  or  for  permanent 
funds,  and  from  time  to  time,  whenever  required  by  the  board,  to 
make  report  of  the  amount  of  such  collections  to  the  board  and  a 
duplicate  of  the  same  to  the  state  auditor.  If  any  such  moneys 
shall  remain  unpaid  for  thirty  days  after  the  same  shall  become  due 
and  payable,  he  shall  make  report  in  detail  of  all  such  unpaid 
amounts  to  the  attorney  general,  whose  duty  it  shall  be  to  proceed 
to  collect  the  same  by  civil  action,  to  be  brought  and  prosecuted 
in  the  name  of  the  state. 

§  176.  Manner  of  investing  permanent  funds.  In  the 
investment  of  the  permanent  funds  under  its  control  such  board 
shall  authorize  the  state  auditor  to  draw  his  warrant  on  the  state 
treasurer,  payable  out  of  the  proper  fund,  for  the  purchase  of  the 
bonds  or  mortgages,  which  warrant,  previous  to  delivery,  shall  be 
registered  by  the  state  treasurer  in  a  book  provided  for  that  pur- 
pose. 

§  177.  Incidental  expenses  of  board,  how  paid.  The 
necessary  incidental  expenses  of  the  board  shall  be  paid  out  of  the 
state  treasury,  and  upon  satisfactory  vouchers  therefor  the  state- 
auditor  shall  issue  his  warrant  for  the  same. 

§  178.  Appropriation  for  interest.  There  is  hereby  annually 
appropriated  such  sums  as  shall  'be  found  necessary  for  the  ex- 
penses of  purchase,  and  payment  of  accrued  interest  at  the  time 
of  the  purchase,  of  investment  bonds  or  mortgages  for  the  per- 
manent funds  under  the  control  of  said  'board,  payable  from  the 
respective  fund  for  which  said  purchase  is  made. 

§  179.  Term  of  office  of  commissioner.  The  first  term  of 
office  of  the  commissioner  provided  for  in  this  article  shall  be  for 
three  years  from  the  date  of  his  appointment  and  until  his  succes- 
sor is  appointed  and  qualified,  and  after  the  expiration  of  the  first 
term,  all  succeeding  terms  shall  be  two  years,  and  until  his  succes- 
sor is  appointed  and  qualified,  subject  to  removal  by  the  board.  In 


112  GENERAL  SCHOOL  LAWS, 


case  of  vacancy  by  death,  removal,  resignation  or  any  other  cause, 
the  board  shall  fill  the  same  by  appointment. 

§180.  Salary  of  commissioner.  -The  commissioner  shall  re- 
ceive an  annual  salary  of  one  thousand  five  hundred  dollars. 

§  181.  Deputy  commissioner.  By  and  with  the  consent  of 
the  board,  the  commissioner  may  appoint  a  chief  clerk,  who  before 
entering  upon  any  of  the  duties  devolving  upon  him  by  said  ap- 
pointment shall  take  and  subscribe  the  oath  of  office  required  by 
law  and  shall  execute  to  the  state  a  bond  with  one  or  more  sureties 
in  the  penal  sum  of  five  thousand  dollars  conditioned  for  the  faith- 
ful discharge  of  his  duties. 

§  182.  Duties  of  commissioner.  The  commissioner,  under 
such  directions  as  may  be  given  by  the  board  of  university  and 
school  lands,  shall  have  general  charge  and  supervision  of  all  lands 
belonging  to  the  state,  of  all  lands  in  which  the  state  has  an  inter- 
est or  which  are  held  in  trust  by  the  state.  He  shall  have  the  cus- 
tody of  all  maps,  books  and  papers  relating  to  any  of  the  public 
lands  mentioned  in  this  article.  He  shall  procure  the  proper  books, 
maps  and  plats  in  which  to  keep  a  complete  record  of  all  lands 
owned  or  held  in  trust  by  the  state  for  schools,  public  buildings  and 
for  all  other  purposes,  and  shall  keep  true  records  of  all  the  sales, 
leases,  permits,  patents,  deeds  and  other  conveyances  of  such  lands 
made  by  the  state,  amount  of  money  paid,  date  of  sale  and  payment, 
description  of  land  sold  or  leased,  number  of  acres  thereof,  name 
of  purchaser  and  designation  of  the  fund  that  should  be  credited 
therewith.  He  shall  direct  all  appraisements,  sales,  leases;  shall 
execute  all  contracts  of  sale,  leases,  permits  or  other  evidences  of 
disposal  of  the  lands,  subject  to  approval  by  the  board.  Upon  all 
contracts,  leases  or  permits  issued  by  the  commissioner  he  shall 
certify  the  book  and  page  where  the  same  is  recorded.  He  shall 
have  an  official  seal  with  a  proper  device  thereon;  and  the  seal  of 
the  commissioner  affixed  to  any  contract  of  purchase,  receipts  or 
other  instruments  issued  toy  him,  duly  countersigned  'by  him  as 
approved  by  the  board,  according  to  the  'provisions  of  this  article, 
is  prima  facie  evidence  of  the  due  execution  of  such  contract  or 
other  paper.  He  shall  biennially  report  to  the  legislative  assem- 
bly through  the  board  his  work  during  the  preceding  term,  showing 
the  quantity  of  lands  sold  or  leased,  and  the  amount  received  there- 
for, the  amount  of  interest  moneys  received  to  the  credit  of  the 
several  funds,  expense  of  administration  of  his  department,  and  all 
such  other  matters  relating  to  his  office  as  shall  be  necessary. 

§  183.  County  board  of  appraisal,  duties  of.  The  county 
superintendent  of  schools,  the  chairman  of  the  board  of  county  com- 
missioners and  the  county  auditor  of  each  county  shall  constitute 
the  "County  Board  of  Appraisers"  of  the  public  lands  of  the  state  in 
and  for  their  county.  The  county  board  of  appraisal  in  each  county 
shall  upon  the  request  of  the  board  of  university  and  school  lands, 
designate  on  or  before  such  date  as  it  may  specify,  the  public  lands 


STATE    OF    NORTH    DAKOTA. 


of  the  state  in  their  county,  that  in  its  judgment  can  be  sold  for  ten 
dollars  an  acre  or  upwards  on  the  terms  prescribed  in  this  article, 
designating  the  tracts  separately  and  giving  an  approximate  esti- 
mate o>f  their  selling  value.  Thereupon  the  commissioner  shall,  if 
so  ordered  by  the  board  oif  university  and  school  lands,  prepare  a 
list  and  order  an  appraisal  o>f  such  lands  as  shall  be  designated  in 
such  list,  and  it  is  made  the  duty  of  such  board  ol  appraisers  within 
ten  days  after  the  receipt  of  such  list  to  examine  such  lands  and 
appraise  them  at  their  cash  value,  as  nearly  as  can  be  determined, 
describing  each  tract  or  subdivision  in  parcels  not  greater  than  one 
hundred  and  sixty  acres,  more  or  less,  according  to  the  government 
survey,  and  in  smaller  subdivisions  thereof  if  so  listed  by  the  com- 
missioners, and  set  opposite  each  described  tract  or  parcel  of  land 
the  appraised  value  per  acre  thereof;  and  when  such  appraisal  is 
completed,  which  shall  not  be  later  than  thirty  days  after  the  re- 
ceipt of  the  order  directing  it,  the  county  board  of  appraisers,  or 
the  members  of  the  same  who  made  such  appraisement,  shall  cer- 
tify to  its  correctness,  and  make  duplicate  copies  thereof,  one  of 
which  shall  be  forwarded  immediately  to  the  board  of  university 
and  school  lands,  and  the  other  filed  in  the  office  of  the  county  audi- 
tor for  reference.  And  in  addition  to  the  appraisal  of  such  lands 
the  county  board  of  appraisal  shall  furnish  such  other  information 
regarding  the  lands  as  may  be  required  by  the  commissioner  in 
the  manner  and  form  prescribed  by  him.  The  report  of  such 
appraisal  shall  be  verified  by  each  of  such  appraisers  and  shall  dis- 
close any  interest,  real  or  contingent,  that  any  of  sucty  appraisers 
has  in  any  of  the  lands  or  improvements  so  appraised.  Any  ap- 
praiser who  willfully  makes  any  false  statement  in  such  report, 
relative  to  such  interest  in  any  of  the  lands  so  appraised,  ..or  im- 
provements thereon,  shall  be  deemed  guilty  of  a  misdemeanor.  For 
all  services  performed  under  the  requirements  of  this  article  the 
appraisers  shall  be  paid  at  the  rate  of  three  dollars  per  day  and! 
actual  traveling  expenses,  upon  vouchers  approved  by  the  secretary 
of  the  board  of  university  and  school  lands  to  be  paid  by  the  state 
treasurer  upon  warrants  issued  by  the  state  auditor. 

§  184.  Selecting  and  certifying  lands  for  sale.  The  com- 
missioner shall  from  the  list  of  lands  so  appraised  and  reported  by 
the  county  board  of  appraisers  select  all  such  tracts  as  have  been 
appraised  at  ten  dollars  per  acre  and  upwards,  and  upon  approval 
of  such  selections  by  the  board  of  university  and  school  lands  shall 
make  and  certify  to  the  county  auditors  the  list  of  lands  in  their 
respective  counties  that  are  offered  for  sale,  and  when  transmitting 
such  list  shall  designate  the  day  and  hour  for  the  sale  thereof;  pro- 
vided, that  such  sales  shall  take  place  only  between  the  hours  of  ten 
o'clock  A.  M.  and  five  o'clock  P.  M.  and  to  be  continued  from  day  to- 
day until  all  the  lands  advertised  for  sale  shall  have  been  sold  or 
offered  for  sale,  except  that  adjournments  may  be  made  for  any  in- 
tervening Sunday  or  legal  holiday. 

§  185.     Notice  of  sale  to  be  published.     The  county  auditor 


114  GENERAL    SCHOOL     LAWS, 

shall  immediately,  on  receipt  of  the  list  of  lands  mentioned  in  the 
preceding  section,  cause  to  be  published  in  a  paper  designated  by 
the  county  board  of  appraisers,  as  prescribed  by  section  158  of  the 
constitution,  a  notice  of  such  sale,  with  the  list  of  lands  properly 
described,  that  are  to  be  offered  for  sale,  together  with  the  ap- 
praised value  thereof  and  the  terms  and  conditions  O'f  sale.  The 
board  of  university  and  school  lands  shall  also  publish  notices  of  all 
«ales  for  the  same  length  of  time  in  one  newspaper  published  at  the 
seat  of  government. 

§  186.  Manner  of  sale.  On  the  day  and  hour  appointed  for 
such  sale  the  commissioner,  except  as  hereinafter  provided,  shall 
f.%.  eed  to  sell  or  offer  for  sale  at  public  auction  to  the  highest  bid- 
der, at  the  court  house  or  at  the  place  where  the  terms  of  the  dis- 
trict court  are  held,  of  the  county  where  the  lands  are  situated,  the 
lands  so  advertised,  offering  them  for  sale  and  selling  in  the  order 
in  which  they  occur  in  the  advertisement  for  sale.  Such  lands  as 
have  not  been  specially  subdivided  shall  be  offered  in  tracts  of  one- 
quarter  section,  according  to  the  subdivisions  thereof  by  the 
United  States  survey,  and"  those  so  subdivided  in  the  smallest 
divisions  thereof.  No  tract  shall  be  sold  for  less  than  its  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  an  acre.  Whenever 
the  commissioner  cannot  attend  the  sale  in  person  such  sale  may  be 
made  by  the  deputy  land  commissioner  or  any  other  person  desig- 
nated and  authorized  by  the  board  of  university  and  school  lands. 

§  187.  Terms  of  sale.  Each  tract  of  land  shall  be  sold  upon 
the  following  terms:  the  purchaser  shall  pay  one-fifth  of  the 
price  in  cas*h  at  the  time  of  sale,  and  the  remaining  four-fifths  as 
follows:  one-fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth  in 
fifteen  years  and  one-fifth  in  twenty  years,  with  interest  at  six  per 
cent  per  annum  on  all  the  unpaid  principal,  annually  in  advance. 
The  highest  'bidder  for  any  offered  tract  shall  'be  declared  the  pur- 
chaser thereof,  and  shall  immediately  pay  over  to  the  county  treas- 
urer the  amount  of  one-fifth  of  the  purchase  price  as  specified  in  the 
terms  of  sale.  In  case  the  purchaser  fails  to  pay  the  amount  so  re- 
quired to  be  paid  at  the  time  of  such  sale,  such  commissioner  or 
whoever  may  be  conducting  the  sale,  shall  immediately  re-offer 
such  lands  for  sale,  but  no  bids  shall  be  received  from  the  person 
so  failing  to  pay  as  aforesaid;  and  the  person  refusing  or  neglecting 
to  make  such  payment  shall  forfeit  the  sum  of  one  hundred  dollars 
'for  each  tract  so  purchased  by  him. 

§  188.  Adjournment  of  sale.  No  adjournment  of  the  sale 
can  be  made  after  its  opening,  except  as  provided  in  section  184  of 
this  article,  but,  when  the  interest  of  the  state  will  be  subserved 
thereby,  the  board  of  university  and  school  lands  may,  at  any  time 
not  less  than  two  weeks  preceding  the  dates  fixed  for  opening  such 
sale,  make  an  order  postponing  the  same  to  such  date  as  may  be 
fixed  in  such  order,  which  shall  not  'be  more  than  sixty  days,  giving 
•due  notice  of  the  same  to  the  county  auditor,  who  shall  publish  such 


STATE    OF    NORTH    DAKOTA.  115 

notice  of  adjournment  and  the  day  fixed  for  the  same,  for  two  suc- 
cessive weeks  in  the  same  papers  in  which  the  notice  of  sale  is  pub- 
lished; but  the  adjournment  of  any  sale  shall  not  require  continued 
publication  of  the  list  of  lands  beyond  the  time  specified  in  this 
article  for  such  publication. 

§  189.  Withdrawal  of  lands  from  sale.  The  board  of  uni- 
versity and  school  lands  may,  in  its  discretion,  on  or  before  the  day 
of  sale,  withdraw  any  or  all  lands  that  may  have  been  advertised  for 
sale  or  included  in  any  list  to  be  offered  in  any  county,  and  upon 
such  withdrawal  shall  notify  the  auditor  of  such  county,  specifying 
the  lands  included  in  such  notice  of  withdrawal,  who  shall  thereupon 
strike  such  lands  from  the  lists  in  his  office,  and  public  notice  of 
withdrawal  shall  be  given  at  the  day  of  sale  before  any  such  lands 
are  offered. 

§  190.  County  auditor  to  act  as  clerk  at  sale.  Approval 
of  sale.  The  county  auditor  shall  act  as  clerk  of  all  land  sales  and 
leases  made  in  his  county,  and  it  shall  be  bis  duty  within  five  days 
after  such  sale  or  lease  shall  have  been  concluded  to  certify  to  the 
board  of  university  and  school  lands  a  list  of  lands  sold  or  leased  as 
provided  in  this  article, with  the  price  thereof  and  the  name  of  the 
purchaser  or  lessee  of  such  tract,  the  amount  for  which  the  lands 
are  sold  or  leased,  the  amount  of  money  paid  by  such  purchaser,  and 
the  amount  of  principal  remaining  unpaid,  and  the  board  of  uni- 
versity and  school  lands  shall  approve  and  confirm  the  sale  or  lease 
•of  every  such  tract,  as  upon  examination  of  such  certified  lists  and 
such  further  information  and  investigation  as  shall  be  deemed 
necessary,  shall  be  found  to  have  been  sold  or  leased  in  accordance 
with  the  law  and  without  fraud  or  collusion.  For  the  services  im- 
posed by  this  article  the  county  auditor  shall  be  allowed  the  sum 
of  three  dollars  per  day  for  each  and  every  day  so  engaged,  to  be 
paid  out  of  any  appropriation  for  the  expenses  of  appraisal  and  sale 
of  public  lands. 

§  191.  Notice  to  purchaser.  Execution  of  contract.  Im- 
mediately upon  approval  of  the  sales  by  the  board  of  university  and 
school  lands,  the  secretary  of  such  board  shall  prepare  and  certify 
a  list  of  said  approved  sales  to  the  commissioner,  who  shall  without 
delay  execute  duplicate  contracts  in  the  form  prescribed  by  the 
board,  and  forward  the  same  to  the  county  auditor  of  the  county 
where  the  land  was  sold,  whereupon  it  is  made  the  duty  of  the 
county  auditor  to  notify  each  purchaser  in  writing  of  the  approval 
of  the  sale  to  him,  and  to  appear  within  ten  days  after  the  date  of 
such  notice  and  pay  the  county  treasurer  the  amount  of  interest  on 
the  deferred  payments  as  specified  in  the  contract  and  execute  the 
contracts  of  sale,  and  a  failure  so  to  appear  and  execute  such  con- 
tract shall  act  as  a  forfeiture  of  the  payment  made  by  the  purchaser 
at  the  sale.  When  the  contracts  are  properly  executed  by  the  pur- 
chaser and  the  amount  of  money  due  thereon  shall  have  been  paid 
to  the  county  treasurer,  the  copy  marked  duplicate  shall  be  delivered 


GENERAL     SCHOOL     LAWS, 


to  him  and  the  original  returned  to  the  land  commissioner,  and  each 
contract  so  returned  fully  executed  shall  have  on  its  face  in  the 
place  noted  for  such  purpose  the  notation  of  the  date  of  delivery  to 
the  purchaser,  and  all  contracts  not  executed  by  the  purchaser  shall 
be  returned  to  the  land  commissioner  with  a  written  statement 
thereon  of  the  reason  for  such  return. 

§  192.  Sales,  when  void.  Any  sale  made  by  mistake,  or  not 
in  accordance  with  law,  or  obtained  by  fraud,  shall  be  void,  and  the 
contract  of  purchase  issued  thereon  shall  be  of  no  effect;  but  the 
holder  of  such  contract  shall  be  required  to  surrender  the  same  to 
the  board  of  university  and  school  lands,  who  shall,  except  in  case 
of  fraud  on  the  part  of  the  purchaser,  cause  the  money  to  be 
refunded  to  the  holder  thereof. 

§  193.  Surveys  to  be  made  when  necessary.  Whenever 
it  appears  to  the  board  of  university  and  school  lands  necessary  in 
order  to  ascertain  the  true  boundaries  of  any  tracts  or  portions 
of  lands,  or  to  enable  the  commissioner  to  describe  or  dispose  of 
the  same  in  suitable  and  convenient  lots,  it  may  order  all  such 
necessary  surveys  to  be  made  and  the  expenses  shall  be  paid  out  of 
the  state  treasury  as  other  incidental  expenses  of  the  board  of 
university  and  school  lands  are  paid. 

§  194.  Subdividing  land  into  small  tracts  or  lots,  when 
to  be  made.  Whenever  in  the  opinion  of  the  board  of  university 
and  school  lands  the  interests  of  the  state  will  be  promoted  by 
laying  off  any  portion  of  the  land  under  its  control  into  small  par- 
cels or  city,  town  or  village  lots,  the  board  may  order  such  commis- 
sioner to  cause  the  same  to  be  done,  and  have  the  same  appraised 
in  the  same  manner  as  hereinbefore  prescribed. 

§  195.  Sale  of  lots.  New  appraisal.  All  parcels  or  lots  so 
appraised  shall  be  subject  to  sale  in  the  same  manner  and  upon  the 
same  terms  and  conditions  and  the  contract  of  purchase  shall  have 
the  same  effect,  as  in  the  case  of  other  lands  for  which  provision  is 
made  in  this  article,  and  at  the  prices  at  which  the  same  are  sev- 
erally appraised,  until  a  new  appraisal  is  made,  which  the  board  of 
university  and  school  lands  may  in  its  discretion  order  at  any  tirner 
in  the  manner  aforesaid,  and  with  the  like,  effect  ;  but  no  lots  or  par- 
cels so  appraised  shall  be  sold  for  less  than  the  minimum  price  of 
said  land,  established  in  this  article. 

§  196.  Map  to  be  entered  of  record.  Whenever  the  com- 
missioner shall  lay  off  any  tract  of  land  into  small  parcels  or  lots, 
as  provided  in  this  article,  he  shall  cause  a  correct  map  of  the  same 
to  be  entered  of  record  in  the  county  where  said  lands  are  situated. 

§  197.  Contracts  of  purchase.  Rights  under.  Contracts 
of  purchase,  issued  pursuant  to  the  provisions  of  law,  entitle  the 
purchaser,  his  heirs  or  assigns,  to  the  possession  of  the  lands  therein 
described,  to  maintain  actions  for  injuries  done  to  the  same,  or  any 
action  or  proceeding  to  recover  possession  thereof,  unless  such  con- 
tract has  become  void  by  forfeiture;  and  all  contracts  of  purchase 


STATE    OF    NORTH    DAKOTA.  117 

in  force  may  be  recorded  in  the  same  manner  that  deeds  of  convey- 
ance are  authorized  to  be  recorded. 

§  198.  Assignee  of  purchasers.  Each  assignee  of  a  bona 
£de  purchaser  of  any  of  the  lands  mentioned  in  this  article  is  sub- 
ject to  and  governed  by  the  provisions  of  law  applicable  to  the  pur- 
chaser of  whom  he  is  assignee;  and  he  shall  have  the  saime  rights  in 
all  respects  as  an  original  purchaser  of  the  saime  class  of  lands. 

§  199.  Contracts  may  be  surrendered  and  two  or  more 
issued,  when.  Whenever  the  holder  of  any  contract  of  purchase 
of  any  state  or  school  land  shall  surrender  the  same  to  the  commis- 
sioner with  a  request  to  have  the  same  divided  into  two  or  more 
contracts,  it  shall  be  lawful  for  the  commissioner  to  issue  the  same; 
provided,  that  the  proposed  subdivision  shall  be  only  in  the  smallest 
of  the  regular  government  or  state  subdivisions ;  and,  provided,  that 
no  new  contracts  shall  issue  while  there  is  due  and  unpaid  any 
interest,  principal  or  taxes  on  the  principal  contract  of  sale,  nor  in 
any  case  where  the  commissioner  shall  be  of  the  opinion  after  an 
examination  of  the  lands,  if  necessary,  that  the  security  would  be 
impaired  and  endangered  by  the  proposed  division,  nor  until  such 
proposed  change  shall  have  the  approval  of  the  board  of  university 
and  school  lands,  and  for  all  such  new  certificates  a  fee  of  five  dol- 
lars for  each  certificate  so  issued  shall  be  paid  ;by  the  applicant, 
which  fee  shall  be  paid  into  the  state  treasury  and  become  a  part 
of  the  expense  fund  o>f  the  board  of  university  and  school  lands. 

§  200.  Contract  voidable  on  failure  to  pay  principal  or 
interest.  In  case  the  annual  interest  due  on  the  first  day  of  Janu- 
ary in  any  year  shall  not  be  paid  within  thirty  days  thereafter  by 
the  purchaser  or  by  any  person  claiming  under  him,  the  contract 
shall,  from  the  time  of  such  failure,  be  voidable.  In  case  any 
installment  on  the  purchase  price  shall  not  be  paid  within  thirty 
days  after  the  same  becomes  due  by  the  provisions  of  contract  of 
sale,  the  contract,  from  the  time  of  such  failure  shall  be  voidable. 
And  in  all  cases  where  any  contract  becomes  voidable  by  reason  of 
failure  to  make  the  payments  required  by  the  contract  and  the 
terms  of  this  section,  the  board  of  university  and  school  lands  may 
in  their  discretion  declare  such  contracts  of  sale  void;  and  in  case 
of  such  declaration;  shall  notify  the  holder  thereof,  of  such,  declara- 
tion, by  written  notice  mailed  to  his  postoflflce  address  and  send  a 
duplicate  copy  thereof  to  the  auditor  of  the  county  in  which  such 
land  is  situated,  'and  order  the  commissioner  to  take  possession  of 
the  land  described  in  such  contract. 

§  201.  Redemption  before  re-sale.  In  all  cases  where  the 
rights  of  a  purchaser,  his  heirs  or  assigns,  become  forfeited  under 
the  provisions  of  this  article,  by  failing  to  pay  the  amounts 
required,  such  purchaser,  his  heirs  of  assigns,  may,  before  the  re- 
sale at  public  auction  of  the  lands  described  in  such  contract,  pay 
4  to  the  state  treasury  the  amount  of  interest  due  and  payable  on 
such  contract,  and  all  costs  which  have  ibeen  incurred  in  addition 


118  GENERAL     SCHOOL     LAWS, 


thereto,  together  with  interest  at  the  rate  of  twelve  per  cent  per 
annum  on  the  interest  and  costs  so  due  from  the  date  of  delinquency 
to  the  date  of  payment,  and  such  payment  shall  operate  as  a  re- 
demption of  the  rights  of  s>uch  purchaser,  his  heirs  or  assigns,  and 
such  contract  from  the  time  of  such  payment  shall  fee  in  full  force 
and  effect,  as  if  no  forfeiture  had  occurred ;  provided,  that  after  the 
rights  o<f  a  purchaser,  his  heirs  or  assigns  shall  have  become  for- 
feited under  the  provisions  of  this  article,  the  board  of  university 
and  school  lands  shall  have  the  power,  and  it  is  hereby  made  their 
duty  to  provide  for  the  re-sale  .of  said  land  so  forfeited  if  in  their 
opinion  a  re-sale  of  said  land  shall  be  most  advantageous  to  the 
state,  otherwise  the  said  board  shall  provide  for  the  leasing  of  said 
land  from  year  to  year  as  herein  provided,  and  after  a  lease  of  said 
land  shall  -be  made  by  said  board,  the  lessee,  his  heirs  and  assigns, 
shall  be  entitled  to  the  full  and  absolute  possession  of  all  of  said 
lands  and  premises  so  leased. 

§  202.  Fee  in  state  until  contract  fulfilled.  The  fee  of  each 
parcel  of  such  lands  shall  be  and  remain  in  the  state  until  the 
patents  hereinafter  provided  for  are  issued  for  the  same  respective- 
ly, and  no  patent  shall  issue  until  full  payment  of  all  sums  and  full 
compliance  with  all  the  conditions  of  the  contract  of  purchase,  and 
in  case  of  non-compliance  by  the  purchaser,  his  heirs  or  assigns, 
with  the  terms  of  the  contract  as  aforesaid,  or  with  the  provisions- 
of  law  applicable  thereto,  any  and  all  persons  being  or  continuing 
in  possession  of  any  smch  lands  after  a  failure  to  comply  with  the 
terms  of  the  contract  as  aforesaid,  or  with  such  provisions  of  law, 
as  aforesaid,  without  a  written  permission  of  the  commissioner, 
shall  be  deemed  and  held  to  detain  such  land  forcibly  and  without 
right,  and  to  be  trespassers  thereon. 

§  203.  Recovery  of  possession.  In  case  any  person  holds  or 
continues  in  possession  of  any  of  the  land  mentioned  in  this  article, 
contrary  to  the  conditions  or  covenants  of  any  lease  or  written 
agreement,  he  shall  be  liable  to  an  action  of  forcible  detainer,  or 
any  other  proper  action  for  the  recovery  of  possession  of  such  lands 
and  damages  for  detention  of  the  same. 

§  204.  Reconveyance  to  the  United  States.  In  all  cases 
where  lands  have  been  erroneously  or  improperly  certified  or  con- 
voyed to  the  state  of  North  Dakota  for  school  or  other  purposes  by 
the  United  States,  the  governor  of  the  state  is  authorized  to  recon- 
vcy  or  relinquish  by  the  execution,  under  his  hand  and  the  seal  of 
the  slate,  of  such  conveyances  as  will  be  necessary  to  convey  or  re- 
linquish the  title1  which  the  state  may  have  to  such  lands. 

§  205.  Patents,  when  to  issue.  When  any  land  sold  under 
the  provisions  of  this  article  has  been  fully  paid  for,  and  all  terms  of 
the  contract  of  purchase  fully  complied  with,  the  board  of  univer- 
sity and  school  lands  shall  so  certify  to  the  governor,  who  shall 
thereupon  issue  to  the  purchaser  thereof,  his  heirs  or  assigns,  a 
patent  conveying  the  title  of  the  state  to  such  land,  and  the  gov- 


STATE    OF    NORTH    DAKOTA. 


ernor  shall  in  like  manner  issue  a  patent  to  any  purchaser  of  the 
rights,  title  and  interest  of  the  original  purchaser,  his  heirs  or 
assigns,  acquired  by  any  execution  sale.  All  such  patents  shall  be 
signed  by  the  governor  and  attested  by  the  secretary  of  state  with 
the  great  seal  of  the  state  of  North  Dakota,  and  shall  be  counter- 
signed by  the  board  of  university  and  school  lands  with  the  seal 
of  the  secretary  of  said  board. 

§  206.  Patents  to  be  recorded.  The  registers  of  deeds  of  the 
several  counties  of  this  state  are  authorized  to  record  all  patents 
issued  by  the  governor  pursuant  to  the  provisions  of  this  article; 
and  the  records  thereof  shall  have  the  same  effect  as  the  record  of 
other  conveyances  executed  according  to  the  laws  of  this  state. 

§  207.  Taxation  of  lands  after  sale.  Purchaser  of  tax 
certificate.  The  commissioner  shall,  as  soon  as  possible  after  a  sale 
of  lands,  transmit  to  the  auditor  of  each  county,  in  which  any  lands 
mentioned  in  this  article  have  been  sold,  a  detailed  description  of 
each  parcel  of  the  land  so  sold  and  the  names  of  the  purchasers,  and 
the  auditor  shall  extend  the  same  upon  his  tax  duplicate  for  the 
purpose  of  taxation,  and  the  same  shall  thereupon  become  subject 
to  taxation  the  same  as  other  lands,  and  the  taxes  assessed  thereon, 
collected  and  enforced  in  like  manner  as  against  other  lands,  pro- 
vided, however,  that  the  purchaser  at  tax  sale  of  any  such  lands  sold 
for  delinquent  taxes  shall  only  acquire  by  virtue  of  such  purchase 
such  rights  and  interest  as  belong  to  the  holder  and  owner  of  the 
contract  of  sale  issued  by  such  commissioner  under  the  provisions 
of  this  article,  and  the  right  to  be  substituted  in  the  place  of  such 
holder  and  owner  of  such  contract  of  sale,  as  the  assignee  thereof; 
and  upon  the  production  to  the  proper  officer  of  the  tax  certificate 
given  upon  such  tax  sale,  in  case  such  lands  have  not  been  re- 
deemed, such  tax  purchaser  shall  have  the  right  to  make  any  pay- 
ment of  principal  or  interest  then  in  default  upon  such  contract 
of  sale,  as  the  assignee  thereof. 

§  208.  Payment  to  county  treasurer.  Duty  of  treasurer. 
The  purchaser  of  any  land  mentioned  in  this  article,  or  his  assigns, 
may  pay  to  the  county  treasurer  of  the  county  in  which  such  land 
lies  any^  amount  which  may  be  due  from  time  to  time  on  the  con- 
tract, either  for  principal,  interest,  rents  or  penalty,  and  for  the 
amounts  so  paid  the  county  treasurer  shall  give  to  such  person  a 
duplicate  receipt  specifying  the  amount  paid,  date  of  payment,. 
whether  for  principal,  interest  or  penalty,  and  the  fund  to  which  it 
is  applicable,  the  number  of  the  contract,  the  name  of  the  original 
purchaser  of  the  land,  or  the  assignee  thereof,,  which  receipt  shall 
be  countersigned  by  the  auditor  of  said  county,  and  have  the  same 
force  and  effect  as  if  given  by  the  state  treasurer.  All  moneys  re- 
ceived by  the  county  treasurer,  under  the  provisions  of  this  article, 
shall  be  held  at  all  times  subject  to  the  order  and  direction  of  the 
state  treasurer  for  the  benefit  of  the  funds  to  which  the  moneys  re- 
spectively belong;  and  during  the  months  of  January,  March,  June 


120  GENERAL     SCHOOL     LAWS, 

and  October  of  each  year,  and  such  other  times  as  he  may  be  re- 
quested so  to  do  by  the  state  treasurer,  he  shall  pay  into  the  state 
treasury  all  moneys  received  on  account  of  such  funds  since  the  last 
payment  he  may  have  made. 

§  209.  Bond  of  county  treasurer.  Conditions  of.  The 
bond  of  each  county  treasurer  shall  be  conditioned  for  the  honest 
and  faithful  discharge  of  all  trusts  and  responsibility  imposed  by 
this  article,  and  for  the  faithful  payment  of  and  accounting  for  all 
moneys  received  by  him  under  the  provisions  of  this  article  to  the 
state  treasurer  or  any  other  person  entitled  to  receive  the  same,  and 
the  board  of  university  and  school  lands  shall  on  or  before  the  first 
day  of  January,  following  any  election  for  county  officers,  certify  to 
the  chairman  of  the  board  of  county  commissioners  of  each  county 
the  amount  of  money  liable  to  come  into  the  hands  of  the  treasurer 
of  the  county  under  the  provisions  of  this  article,  and  the  board  of 
county  commissioners  shall  add  to  the  amount  of  the  sum  required 
on  his  regular  official  bond  to  the  county  double  the  sum  so  certified 
by  the  board  of  university  and  school  lands,  and  the  record  of  the 
proceedings  of  such  board  of  county  commissioners  when  fixing  the 
amount  of  such  bond  shall  specify  in  two  separate  items  the  aggre- 
gate amount  of  the  bond  so  made  up,  designating  one  sum  as  the 
amount  to  indemnify  the  county,  and  the  other  to  indemnify  the 
state  for  any  losses  incurred  by  reason  of  failure  to  comply  with  the 
provisions  of  all  laws  regulating  his  duty. 

§  210.  Fees  to  county  treasurer.  County  treasurers  shall 
be  entitled  to  a  fee  of  one-half  of  one  per  cent  on  each  dollar  col- 
lected or  received  and  remitted  by  them  in  payment  of  principal  or 
interest,  fines,  penalties  and  damages  on  state  lands,  which  fee  shall 
foe  payable  from  the  general  fund  of  the  class  of  lands  on  which 
payment  is  made  to  such  treasurer,  and  such  fee  shall  be  paid  to  the 
count}7  treasurer  on  vouchers  countersigned  by  the  county  auditor 
and  approved  by  the  commissioner  of  university  and  school  lands 
and  such  approved  vouchers  shall  be  paid  out  of  any  appropriation 
for  the  expenses  of  appraisement  and  sale  of  such  lands. 

§  211.  Duty  of  county  auditor.  The  county  auditor  shall, 
at  the  time  he  is  required  by  law  to  return  abstracts  of  settlement 
to  the  state  auditor,  also  forward  to  the  land  commissioner  all  dupli- 
cate or  triplicate  receipts  of  principal,  interest,  penalty  or  rental 
on  state  lands,  with  a  certified  statement  of  such  collection  by  the 
county  treasurer,  specifying  the  amount  of  each  item;  and  he  shall 
also  make  such  return  at  any  other  time  as  may  be  required  by  the 
board  of  university  and  school  lands. 

§  2 1 2.  List  of  lands  sold  to  be  furnished  county  treasurer. 
On  or  before  the  first  day  of  December  in  each  year  the  commis- 
sioner shall  cause  to  be  made  out  and  transmitted  to  county  treas- 
urers a  statement  showing  the  lands  sold  in  their  respective  coun- 
ties, the  number  of  the  contracts  of  purchase,  the  name  of  the  per- 
son to  whom  each  contract  was  issued,  and  the  amount  of  both  prin- 


STATE    OF    NORTH    DAKOTA. 


cipal  and  interest  due  on  each  on  the  first  day  of  January,  together 
with  such  directions,  instructions  and  blanks  as  shall  enable  the 
county  treasurers  to  carry  out  the  provisions  of  this  article. 

§  213.  Township  assessors  to  examine  state  lands.  It 
shall  be  the  duty  of  all  township  and  district  assessors,  whenever 
required  by  the  commissioner  to  examine  and  report  on  any  lands 
designated  to  them  by  him,  in  the  manner  and  form  prescribed  by 
him,  and  for  such  examination  they  shall  be  paid  at  the  rate  of 
three  dollars  per  day  for  time  actually  engaged,  upon  vouchers  ap- 
proved by  the  commissioner. 

§  214.  Transfer  of  records  to  commissioner.  All  abstracts 
and  conveyances  of  title  to  the  state  of  North  Dakota  whether  the 
said  lands  are  held  for  penal,  educational,  charitable,  school  or 
other  purposes,  shall  be,  by  those  in  whose  charge  such  conveyances 
now  are  or  may  come,  deposited  with  and  remain  in  the  control  of 
the  commissioner  of  university  and  school  lands. 

§  215.  Permanent  and  general  funds.  The  principal  accru- 
ing from  all  sales  of  school,  university  or  other  state  lands  under  the 
control  of  the  board  of  university  and  school  lands,  as  provided  for 
in  this  article,  shall  become  a  part  of  the  several  permanent  funds  to 
which  they  respectively  belong  and  shall  not  be  reduced  by  any 
means  whatever.  All  moneys  received  as  interest,  for  rents,  penal- 
ties, permits  or  from  any  source  other  than  from  the  principal  of 
sales  shall  'become  a  part  of  the  general  or  current  funds  to  which 
they  respectively  belong  and  shall  be  distributed  as  directed  by 
law. 

§  216.  Quantity  of  lands  to  be  sold.  No  more  than  one- 
fourth  of  the  common  school  lands  of  the  state  shall  be  sold  within 
the  first  five  years  after  they  become  salalble  under  the  provisions  of 
section  155  of  the  constitution,  nor  more  than  one-half  of  the 
remainder  within  ten  years  after  the  same  become  salable  as  afore- 
said. The  residue  may  be  sold  at  any  time  alter  the  expiration  of 
such  ten  years;  provided,  however,  that  the  coal  lands  of  the  state 
shall  not  be  sold,  but  may  be  leased  under  the  provisions  of  any 
law  governing  such  leases.  The  words  "coal  lands"  include  lands 
bearing  lignite  coal. 

§  217.  Lands  subject  to  lease.  All  the  common  school  lands 
and  all  other  public  lands  of  the  state  that  are  not  of  such  value 
as  w^ill  admit  of  appraisal  at  ten  dollars  or  more  per  acre,  at  the 
time  of  any  regular  appraisal,  may  be  leased;  provided,  that  no 
leases  can  be  granted  for  a  period  longer  than  five  years,  and  only 
for  pasturage  and  meadow  purposes,  and  at  a  public  auction  after 
notice  as  hereinafter  provided;  provided,  further,  that  all  of  such 
school  and  public  lands  now  under  cultivation  may  be  leased  at  the 
discretion  and  under  the  control  of  the  board  of  university  and 
school  lands  for  other  than  pasturage  and  meadow  purposes  until 
sold.  All  rents  shall  be  paid  annually  in  advance. 

§  217  a.    May  lease  cultivated  lands.    The  commissioner  of 


122  GENERAL     SCHOOL     LAWS, 


university  and  school  lands  is  hereby  authorized  and  empowered 
to  lease  cultivated  school  and  institution  lands  in  the  several  coun- 
ties of  the  state  for  the  period  of  two  years  for  the  purpose  of  sum- 
mer-fallowing the  first  year  and  cropping  the  next,  when  in  his 
opinion  it  is  necessary  so  to  do  in  order  to  clear  the  same  of  noxious 
weeds,  said  lessee  to  pay  only  one  year's  rent  for  the  same.  When 
any  lands  are  leased  as  above  provided  the  party  so  leasing  the 
same,  before  lease  is  approved  by  the  board  of  university  and  school 
lands,  shall  pay  to  the  county  treasurer  of  the  county  in  which  the 
land  is  situated  the  total  amount  of  rent  therefor.  Should  the 
lessee  so  renting  the  land  as  above  provided  fail  or  neglect  to  sum- 
mer-fallow the  same  at  the  proper  time,  the  board  o.f  university  and 
school  lands  in  their  discretion  may  declare  the  lease  canceled  and 
the  amount  paid  thereon  will  thereby  become  forfeited. 

§  218.  Appraisal  for  lease  by  county  board.  It  shall  be 
the  duty  of  the  county  board  of  appraisers,  each  and  every  year 
if  so  ordered,  to  appraise,  in  the  same  manner  as  all  other  lands  that 
are  listed  for  taxation  are  appraised,  all  the  common  school  and 
other  public  lands  of  the  state  in  their  respective  districts  that  may 
be  included  in  the  order,  making  a  return  of  all  such  appraisals  to 
the  board  of  university  and  school  lands  in  the  form  prescribed  on 
blanks  furnished  by  the  board;  such  returns  to  be  made  on  or  before 
the  first  day  of  July  of  the  same  year;  and  for  any  services  per- 
formed as  required  by  this  article  they  shall  be  paid  at  the  rate  of 
three  dollars  per  day,  to  be  paid  -by  the  state  treasurer  out  of  the 
funds  appropriated  for  the  current  expenses  of  such  board.  It  shall 
be  the  duty  of  the  board  of  university  and  school  lands  to  equalize 
the  appraisements  so  returned  as  to  coomties  by  adding  thereto  or 
taking  therefrom  such  a  uniform  percentage  as  may  in  its  judgment 
seem  proper  and  fair  in  order  to  arrive  at  a  just  and  equitable  equal- 
ization between  the  several  counties,  and  upon  such  valuation  so 
fixed  the  board  of  university  and  school  lands  are  authorized  to  fix 
a  per  cent  per  acre  as  the  minimum  price  at  which  the  land  can  be 
leased;  provided,  that  the  lowest  price  of  lands  leased  for  pasturage 
cannot  be  below  one-half  of  one  per  cent  of  the  average  value  in  the 
county,  and  for  any  cultivated  lands  in  the  county  the  lowest  price 
cannot  be  below  two  and  one-half  per  cent  of  the  appraised  value  of 
each  cultivated  tract.  And  wrhen  advertising  the  same  for  lease 
they  shall  set  opposite  each  description  the  value  thereof  as  equal- 
ized by  them,  which  valuation  shall  form  the  basis  for  leasing  the 
same. 

§  219.  Selection  of  lands  for  lease.  The  board  of  university 
and  school  lands  shall  have  power,  and  it  is  hereby  made  its  duty  to 
select  from  the  lands  so  appraised  such  tracts  as  in  the  judgment 
of  the  iboard  can  be  leased  with  profit  to  the  school  and  other  perma- 
nent land  funds  of  the  state,  or  as  the  legislature  may  by  law  order 
to  be  leased,  and  shall  at  such  time  as  in  its  judgment  is  for  the  best 
interests  of  the  state,  proceed  to  advertise  for  lease  and  offer  for 


STATE    OF    NORTH    DAKOTA.  123 

lease,  iii  each  succeeding  year,  such  lands  as  have  thus  been  se- 
lected. 

§  220.  Advertisement  for  leasing.  All  such  lands  to  be  leased 
or  off ered  for  lease  lying  within  the  respective  counties  shall  by  the 
board  of  university  and  school  lands  be  advertised  for  lease  by  pub- 
lication once  a  week  for  not  less  than  sixty  days  in  some  newspaper 
of  general  circulation  in  the  vicinity  oif  such  lands.  Such  advertise- 
ment shall  contain  the  designation  or  proper  description  of  each 
tract  or  parcel  of  land  so  to  be  leased,  the  appraised  value  of  each 
tract  and  the  per  cent  on  such  valuation  fixed  by  the  board  as  the 
minimum  price  at  which  such  land  can  be  leased  and  the  terms  of 
the  lease.  A  copy  of  such  advertisement  shall  also  be  posted  in  a 
conspicuous  place  at  the  court  house  of  the  county,  and  a  notice  of 
the  time  and  place  where  the  said  lands  are  to  be  leased  shall  also 
be  published  for  not  less  than  sixty  days  in  one  newspaper  at  the 
seat  of  government  by  such  board  of  university  and  school  lands; 
provided,  that  if  in  the  opinion  of  the  board  there  will  not  be  suffi- 
cient of  such  lands  situate  in  any  county  leased  to  pay  the  expenses 
of  advertisement  in  a  newspaper,  the  notice  may  be  given  by  posting 
as  aforesaid. 

§  221.  Manner  of  leasing.  By  whom  made.  How  con- 
ducted. It  shall  be  the  duty  of  the  commissioner  of  university  and 
school  lands,  or  such  other  person  as  may  be  appointed  by  the  board 
of  university  and  school  lands,  to  conduct  the  leasing  of  such  lands 
in  accordance  with  the  provisions  of  this  article  and  such  directions 
as  shall  be  prescribed  therefor  by  the  board;  provided*  that  the  leas- 
ing shall  be  at  public  auction  to  the  highest  bidder  at  the  court 
house  or  place  where  terms  of  the  district  court  are  held,  commenc- 
ing on  the  day  specified  in  the  advertisement  for  such  lease  and 
between  the  hours  of  ten  o'clock  A.  M.  and  five  o'clock  P.  M.  to  con- 
tinue from  day  to  day  until  all  tracts  or  parcels  of  land  advertised 
for  lease  shall  have  been  leased  or  offered  for  lease;  but  the  time  for 
leasing  the  same  shall  not  exceed  ten  days  in  any  county,  except 
that  an  adjournment  may  be  made  over  the  Sabbath  or  any  legal 
holiday.  In  counties  where  a  large  number  of  tracts  of  land  are  to 
be  leased  the  land  situated  in  certain  townships  may  be  designated 
in  the  advertisement  to  be  leased  on  certain  specified  days  and  in 
such  case  such  lands  shall  be  leased  or  offered  for  lease  on  such 
specified  days,  or  for  want  of  time  for  the  leasing  or  offering  for 
lease  of  all  such  designated  lands,  the  leasing  of  those  unoifered 
ma  v  be  adjourned  until  the  following  day  or  days,  when  they  must 
be  the  first  lands  offered  for  lease.  Such  lands  as  shall  not  have 
been  specially  subdivided  shall  be  leased  or  offered  for  lease  in 
tracts  of  one-quarter  section  each,  and  those  so  subdivided  in  the 
smallest  subdivision  thereof.  Notice  must  be  given  when  the  land 
is  offered  that  all  bids  are  subject  to  approval  by  the  board.  At 
the  time  of  offering  the  lands  for  lease  the  county  auditor  of  the 
county  shall  act  as  clerk,  and  it  shall  be  his  duty  to  make  report 


124  GENERAL  SCHOOL  LAWS, 

thereof,  stating  the  terms  of  such  leasing,  as  is  prescribed  in  section 
190  for  making  reports  of  sales. 

§  222.  Bidders  to  pay  first  year's  rent  at  time  of  leasing. 
Provisions  for  failure  to  pay.  The  highest  bidder  for  any  par- 
cel of  land  shall  at  once  deposit  the  amount  of  his  bid  with  the 
county  treasurer,  who  shall  act  as  treasurer  of  said  leasing,  failing 
to  do  which  the  bid  of  the  next  highest  bidder  shall  be  accepted 
under  like  conditions;  provided,  his  bid  shall  not  be  less  than  the 
minimum  price  as  fixed  under  and  in  pursuance  of  section  218. 

§  223.  Adjournment  of  lease.  Whenever  the  board  of  uni- 
versity and  school  lands  finds  that  the  interests  of  the  state  will  be 
subserved  by  the  adjournment  of  the  time  for  offering  lands  for 
lease,  the  authority  conferred  by  section  188  for  adjournment  of 
sales  is  made  applicable  to  the  leasing  of  lands. 

§  224.  Approval  of  lease  and  execution  of  contract  for 
lease.  The  board  of  university  and  school  lands  to  have 
power  to  lease  to  applicants  in  certain  cases.  Immediately 
upon  receipt  of  the  report  of  the  county  auditor  as  required  by  this 
article,  the  board  of  university  and  school  lands  shall  approve  and 
confirm  the  lea>se  of  all  such  tracts  as  in  its  judgment  should  be 
made,  and  shall  at  once  certify  a  list  of  the  approved  leases  to  the 
commissioner  who  shall  without  delay  execute  duplicate  contracts 
of  lease  in  the  form  prescribed  by  the  board,  and  forward  to  the 
lessee  a  copy  marked  "duplicate,"  the  "original"  being  filed  in  the 
office  of  the  commissioner,  who  shall  also  forthwith  certify  to  the 
auditor  of  the  proper  county,  a  list  of  such  leases  as  have  been 
approved  by  the  board.  In  case  any  of  the  lands  in  any  county 
may  remain  unleased  after  the  date  advertised  for  the  leasing,  the 
board  shall  have  authority  to  make  contracts  of  lease  for  said  lands 
to  the  first  applicant  therefor  at  not  less  than  the  minimum  price 
thereof. 

§  225.  Lessee  not  to  destroy  timber.  No  lessee  of  any  of 
the  common  school  or  public  lands  of  the  state,  or  his  heirs  or 
assigns,  shall  cut  down  or  take  away  from  such  tract  any  timber, 
trees  or  wood,  or  suffer  or  cause  the  same  to  be  done  by  any  person, 
except  that  such  lessee  may  cut  down  or  use  such  amount  of  dead, 
or  prostrate  trees,  or  timber  as  may  be  sufficient  to  supply  him  with 
fuel  for  his  family  or  the  families  of  his  employees  actually  residing 
upon  such  tract.  Any  lessee  violating  the  provisions  of  this  sec- 
tion shall  forfeit  his  lease  and  all  rights  and  interests  thereunder, 
and  shall  be  liable  to  the  state  for  damages  sustained  by  the  state 
by  reason  thereof,  and  shall  be  guilty  of  a  misdemeanor. 

§  226.  Lessee  not  to  break  uncultivated  land.  No  lessee, 
or  the  heirs  or  assigns  of  any  lessee,  of  any  of  the  common  school  or 
public  lands  of  this  state,  leased  for  meadow  or  pasturage  purposes, 
or  of  school  or  public  lands  leased  for  the  purpose  of  cultivation, 
which  may  contain  any  uncultivated  or  unbroken  land,  shall  break, 
plow  or  cultivate  any  unbroken  land  on  any  tract  so  leased,  or  cause 


STATE    OF    NORTH    DAKOTA.  135 


or  suffer  it  to  be  done  by  any  other  person.  And  any  lessee,  or  his 
heirs,  or  assigns,  who  shall  violate  the  provisions  of  this  section 
shall  incur  the  same  forfeitures  and  liabilities  as  are  provided  in  the 
preceding  section,  and  shall  also  be  guilty  of  a  misdemeanor. 

§  227.  Hay  not  be  cut  before  July  1st.  No  lessee  or  his 
heirs  or  assigns,  shall  mow  or  cut  for  hay  or  feed  any  grass  on  any 
unbroken  land,  or  cause  or  suffer  the  same  to  be  done  by  any  other 
person  prior  to  the  first  day  of  July  in  any  year.  And  any  lessee 
or  his  heirs  or  assigns,  who  shall  violate  the  provisions  of  this  sec- 
tion shall  incur  the  same  forfeitures  and  liabilities  as  are  provided 
in  section  225,  and  shall  also  be  guilty  of  a  misdemeanor. 

§  228.  Board  of  university  and  school  lands  to  grant 
permits  to  cut  hay  and  to  remove  dead  and  down  timber. 
The  board  shall  have  authority,  when  in  its  judgment  it  is  for  the 
best  interests  of  the  state  so  to  do,  to  sell  the  right  to  cut  grass  on 
any  of  the  public  lands  of  the  state  and  to  sell  any  down  and  dead 
timber  on  said  lands  for  such  price,  terms  and  conditions  as  they 
may  think  proper,  but  no  dead  timber,  if  standing,  shall  be  deemed 
to  be  included  in  the  sale  unless  expressly  so  specified  in  the  per- 
mit. All  such  permits  shall  only  be  for  the  current  season  and  be- 
tween the  fifteenth  day  of  June  and  the  first  day  of  April  of  the  fol- 
lowing year,  and  no  control  or  rights  of  occupancy  of  said  land  shall 
be  other  than  what  is  specified  in  such  permit ;  said  permit  shall  be 
sold  by  the  several  county  treasurers,  whose  duties  and  compensa- 
tion shall  be  prescribed  by  the  board  of  university  and  school  lands, 
but  said  compensation  shall  be  based  upon  a  percentage  of  amounts 
of  money  collected  and  remitted  to>  the  state  treasurer  from  said 
sale  of  grass  and  timber  in  their  respective  counties.  All  permits 
shall  be  paid  for  in  advance. 

§  229.  Trespass  upon  public  lands.  Civil  action  for. 
Whoever  commits  any  trespass  upon  any  of  the  lands  owned,  or 
held  in  trust,  or  otherwise  by  the  state  shall  be  liable  in  treble 
damages  in  an  action  to  be  brought  in  the  name  of  the  state,  if  such 
trespass  is  adjudged  to  have  been  willful;  but  single  damages  only 
shall  be  recovered  in  such  action  if  such  trespass  is  adjudged  to 
have  been  casual  and  involuntary. 

§  230.  Willful  trespass.  Penalty.  Whoever  commits  any 
willful  trespass  upon  any  of  the  lands  owned  or  held  in  trust  or 
otherwise  by  this  state,  either  by  cutting  down  or  destroying  any 
timber  or  wood  standing  or  growing  thereon,  or  by  carrying  away 
any  timber  or  wood  therefrom,  or  -by  mowing  or  cutting  or  remov- 
ing any  hay  or  grass  standing  or  growing  or  being  thereon,  or 
who  injures  or  removes  any  buildings,  fences,  improvements  or 
other  property  belonging  or  appertaining  to  said  land  or  unlawfully 
breaks  or  cultivates  any  of  said  lands  or  aids,  directs  or  counte- 
nances such  trespass  or  other  injury  shall  toe  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  county  jail  not  more  than  one  year,  or  by  fine 


126  GENERAL  SCHOOL  LAWS, 

not  exceeding  five  hundred  dollars,  or  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court.  And  whoever  is  occupying, 
residing  upon  or  in  possession  of  any  school  or  other  public  lands 
owned  or  held  in  trust  or  otherwise  by  the  state  at  the  time  of  the 
passage,  approval  and  taking  effect  of  this  act  without  a  valid 
lease  therefor  shall  be  deemed  and  held  to  be  a  willful  trespasser 
thereon,  and  guilty  of  trespass  upon  such  land,  and  upon  convic- 
tion thereof  shall  'be  punished  as  provided  for  in  this  section  for 
any  other  act  of  trespass. 

§  231.  Property  to  be  seized.  In  addition  to  the  penalties 
provided  for  in  this  article  against  those  committing  trespass  upon 
any  of  the  lands  owned  or  held  in  trust  or  otherwise  by  this  state, 
the  commissioner  is  authorized  and  empowered  without  legal  pro- 
cess to  seize  and  take,  or  cause  to  be  seized  and  taken  any  and  all 
timber,  grass,  wood  or  other  property  unlawfully  severed  from  such 
lands,  whether  the  same  has  been  removed  from  such  lands  or  not, 
and  may  dispose  of  the  property  so  seized  and  taken,  either  at  pub- 
lic or  private  sale,  in  such  manner  as  will  be  most  conducive  to  the 
interests  of  the  state;  and  all  moneys  arising  therefrom  after  de- 
ducting the  reasonable  and  necessary  expenses  of  such  seizure  and 
sale  shall  be  made  a  part  of  the  general  fund  belonging  to  the 
public  lands  and  shall  be  distributed  in  accordance  with  the  pro- 
visions of  this  article. 

§  232.  Damages.  All  damages  recovered  for  any  trespass,  or 
other  injury  upon  or  to  any  of  the  lands  mentioned  in  this  article, 
shall  be  paid  over  to  the  state  treasurer  for  the  benefit  of  the  gen- 
eral fund  to  which  the  same  properly  belongs. 

§  233.  State's  attorney  to  prosecute  and  report.  The 
state's  attorneys  of  the  several  counties  shall  promptly  report  to  the 
commissioner  all  cases  of  trespass  committed  upon  such  lands, 
which  may  come  to  their  knowledge,  and  shall,  when  directed  by 
the  attorney  general,  prosecute  all  actions  for  any  trespass  or  injury 
thereto,  or  for  recovery  of  possession  thereof,  or  otherwise 

§  234.  Expenses  of  sale,  how  paid.  The  expenses  of 
publishing  notices  of  the  sale  of  the  university,  school  and  all 
other  public  lands  of  the  state  shall  be  paid  by  the  state  treasurer 
upon  the  warrant  of  the  state  auditor  out  of  the  general  or  current 
funds  of  the  different  institutions  as  designated  in  section  215,  and 
such  expenses  shall  foe  apportioned  according  to  the  receipts  cred- 
ited each  fund  from  proceeds  of  each  and  every  sale.  All  bills  for 
such  publishing  shall  be  verified  by  the  'publisher  and  approved 
by  the  board  of  university  and  school  lands. 

§  234#.  Expense  of  advertising  and  leasing.  There  is 
hereby  annually  appropriated  out  of  any  funds  in  the  treasury  not 
othrwise  appropriated  the  sum  of  two  thousand  dollars,  or  so  much 
thereof  as  may  be  found  necessary,  for  the  purpose  of  paying  the 
expense  of  advertising  the  common  school  lands  for  lease  and  the 
attendant  expense  of  leasing  the  same. 


STATE    OP    NORTH    DAKOTA.  127 

§  234£.    Fees  for  service.    Duty  of  county  treasurers.    It 

shall  be  the  duty  of  the  commissioner  of  university  and  school  lands 
to  charge  and  collect  the  following  fees:  For  each  lease  of  school 
or  other  state  lands,  75  cents;  for  each  contract  for  lands  pur- 
chased, fl.OO;  for  each  patent,  $1.25;  for  approving  and  recording 
each  assignment  of  school  land  contract,  $1.50 ;  for  furnishing  certi- 
fied copies  of  school  land  contract,  $1.50.  All  fees  must  be  paid 
in  advance  and  when  collected  must  be  paid  into  the  state  treasury 
at  the  end  of  each  month  and  be  placed  to  the  credit  of  the  expense 
fund  of  the  board  of  university  and  school  lands.  It  shall  be  the 
duty  of  the  county  treasurer  of  any  county  wfiere  any  such  lands 
are  leased  or  sold  to  collect  the  fees  hereinbefore  provided  for  at 
the  time  the  first  payment  thereon  is  made  for  leases  and  contracts 
of  sale  and  transmit  the  same  to  the  commissioner  on  the  first  day 
of  each  month. 

§  235.  Appropriation  for  expenses  of  board.  There  is 
hereby  annually  appropriated  out  of  any  funds  in  the  treasury  not 
otherwise  appropriated  the  sum  of  five  thousand  dollars,  or  so 
much  thereof  as  may  be  found  necessary,  for  the  salaries  and  ex- 
penses of  the  commissioner  'of  university  and  school  lands,  clerk 
hire,  record  books,  blanks  and  all  such  other  expenses  as  shall  be 
necessarily  incurred  by  the  board  of  university  and  school  lands  in 
carrying  out  the  provisions  of  this  article,  and  such  expenses  shall 
be  paid  out  of  the  treasury,  and  upon  satisfactory  vouchers  therefor 
the  state  auditor  shall  issue  his  warrant  for  the  same. 


STATE    OF    NORTH    DAKOTA.  129 


APPENDICES. 


APPENDIX  A. 


SPECIAL  LAWS. 

The  following  special  laws  enacted  by  the  legislative  assembly 
from  1877  to  June  20,  1886,  pertaining  to  the  organization  and  gov- 
ernment of  independent  school  districts  and  acts  amendatory  there- 
of are  in  full  force  and  effect,  to- wit : 

(a)  "An  act  providing  a  board  of  education  for  the  city  of  Fargor 
Dakota  Territory,  and  regulating  the  management  of  the  public 
schools  therein,"  approved  February  20,  1879. 

(b)  "An  act  providing  for  a  board  of  education  for  the  city  of 
Jamestown,  Dakota  Territory,  and  regulating  the  management  of 
the  public  schools  therein/'  approved  March  3,  1883. 

(c)  "An  act  providing  for  a  school  board  for  the  city  of  Lisbon,; 
and  for  other  purposes,"  approved  March  13,  1885. 

(d)  "An  act  to  create  certain  territory  now  within  the  school 
township  of  Brightwood,  Richland  County,  Dakota   Territory,  as 
an  independent  school  district,  No.  1  (Hankinson),  Kichland  county,. 
Dakota  Territory,"  approved  March  13,  1885. 

(e)  "An  act  establishing  the  independent  school  district  of  Wal- 
cott,  Kichland  County,  Dakota  Territory,"  approved  March  13,  1885. 

(f)  "An  act  to  create  a  joint  school  township  (Waziya)  in  the 
counties  of  Griggs  and  Steele,"  approved  March  13,  1885. 

All  other  special  and  private  laws  pertaining  to  the  establishment 
and  management  of  schools  in  that  portion  of  the  Territory  of 
Dakota  which  now  constitutes  the  state  of  North  Dakota,  have- 
expired  by  their  own  limitation,  or  otherwise. 


130  GENERAL  SCHOOL  LAWS, 


APPENDIX  B. 


STATUTES  NOT  INCLUDED  IN  SCHOOL  LAWS. 
PENAI/TY   FOR   FAILURE   TO    MAKE   REPORTS. 

§  306.  Penalty.  Any  county,  city,  village,  civil  town- 
ship, school  township  or  school  district  officer,  who  is  required  by 
law  to  make  an  official  report  to  any  other  county,  city,  village, 
civil  township,  school  township  or  school  district  officer,  board, 
tribunal  or  state  officer,  and  who  willfully  neglects  to  make  such 
report,  or  fails  to  perform  such  official  duties,  shall  forfeit  and  pay 
to  the  state  a  penalty  of  not  less  than  ten  nor  more  than  two  hun- 
dred dollars,  to  be  recovered  from  such  delinquent  officer,  or  from 
him  and  the  sureties  upon  his  official  bond,  in  a  civil  action  to  be 
brought  by  the  state's  attorney  in  any  court  of  record  having  juris- 
diction. 

§  307.  Examination  of  records.  State's  attorney  to  prose- 
cute. It  shall  be  the  duty  of  the  board  of  county  commissioners 
and  the  state's  attorney  in  each  county  to  examine  the  records  of 
the  several  county  officers  at  the  end  of  the  officer's  term  of  office 
to  see  that  they  have  been  properly  kept.  Any  failure  must  be 
remedied  or  it  shall  become  the  duty  of  the  state's  attorney  to  pros- 
ecute any  such  officer  for  neglect  as  provided  in  the  last  section. 
It  shall  also  be  the  duty  of  the  city  council,  board  of  aldermen,  vil- 
lage trustees,  civil  township  supervisors,  school  township  or  school 
district  board,  as  the  case  may  be,  to  examine  the  records  of  their 
several  officers  in  a  like  manner,  or  upon  complaint  by  the  proper 
board  the  state's  attorney  shall  prosecute  as  provided  in  the  last 
section. 

§  308.  Blanks  to  be  furnished.  It  shall  be  the  duty  of  the 
county,  city,  village,  civil  township,  school  towrnship  or  school  dis- 
trict officers  to  provide  at  the  expense  of  the  county,  city,  village, 
civil  township,  school  township  or  school  district,  such  blanks  and 
records  as  are  necessary  for  making  the  proper  record  and  the 
transaction  of  any  official  business  connected  with  his  office. 

FILING    BOND    OF   TREASURER. 

§  346.  Bonds  of  township  and  school  district  officers. 
It  shall  be  the  duty  of  each  county  auditor  on  or  before  the  first 
day  of  March  in  each  year  to  procure  the  proper  blank  bonds  and 
send  them  to  the  clerk  of  each  township  and  school  district,  and  all 
such  officers  required  by  law  to  give  bonds  shall  procure  such  bonds 


STATE    OF    NORTH    DAKOTA. 


from  the  proper  clerk;  and  shall  immediately  after  the  execution 
and  approval  thereof  hand  the  same  to  the  clerk  of  the  township, 
whose  duty  it  shall  be  forthwith  to  file  such  bonds,  except  those  of 
justices  of  the  peace,  with  the  county  auditor,  and  the  county 
auditor  shall  on  receipt  thereof  examine  such  "bonds  and  see  that 
they  are  properly  executed  and,  if  he  finds  that  any  bonds  are  not 
executed  according  to  law,  he  shall  note  thereon  any  errors  and 
return  them  to  the  clerk  for  correction,  and  it  is  hereby  made  the 
duty  of  the  clerk  to  have  such  bonds  corrected  forthwith  and  re- 
turn the  same  to  the  county  auditor.  The  county  auditor  shall  not 
issue  any  order  upon  the  county  treasurer  for  funds  or  money  be- 
longing to  a  civil  township  or  school  district  to  any  person  as 
treasurer  of  such  township  or  school  district  until  his  bond  has 
been  filed  as  in  this  section  provided. 

BONDS. 

§•  2474.    Bonded  indebtedness,  for  what  incurred.     Limit 

of.  Any  city  or  municipal  corporation  in  this  state  may 
incur  a  bonded  indebtedness  for  the  purpose  o>f  erecting  public 
school  buildings  and  other  buildings  for  city  purposes,  purchasing 
fire  apparatus,  putting  in  waterworks,  sinking  public  wells  or 
cisterns  and  putting  in  sewers  and  improving  streets,  which  said 
indebtedness,  together  with  the  indebtedness  which  then  exists 
shall  not,  except  as  otherwise  provided,  exceed  five  per  cent  of  the 
assessed  valuation  of  the  taxable  property  in  such  city  or  municipal 
corporation  as  shown  by  the  return  of  the  assessor  for  the  year 
next  preceding  the  time  at  which  such  indebtedness  shall  be  in- 
curred. 

§  2475.  Bonds,  how  issued.  Election.  The  bonds  issued 
for  the  purposes  mentioned  in  the  last  section  shall  be  issued  by 
the  city  council  or  board  of  trustees  of  any  city  or  municipal  cor- 
poration only  upon  a  majority  vote  of  the  qualified  electors  of  such 
city  or  municipal  corporation  voting  thereon  at  an  election 
regularly  called  for  that  purpose  and  in  accordance  with  the  pro- 
visions of  the  charter  of  such  city  or  municipal  corporation  govern- 
ing the  issuance  and  sale  of  bonds;  provided,  that  in  all  cities  and 
municipal  corporations  where  the  charter  does  not  provide  the 
manner  of  calling  and  holding  an  election  for  the  purpose  aforesaid, 
a  special  election  shall  be  called  and  held  as  herein  provided,  or 
such  question  may  be  submitted  at  any  annual  election.  The  city 
council  or  board  of  trustees  at  any  regular  meeting  thereof  may 
decide  to  call  a  special  election  to  vote  bonds  for  any  of  the  pur- 
poses stated  in  section  2474,  and  they  shall  give  at  least  fifteen 
days'  public  notice  of  such  election  by  at  least  two  publications 
thereof  in  a  weekly  newspaper  published  therein,  or  if  there  is  no 
such  newspaper  then  by  posting  such  notice  in  five  public  places  in 
such  city.  Such  notice  shall  state  the  amount  and  denomination 
of  the  bonds  to  be  voted  for,  the  rate  of  interest  thereof,  the  purpose 


132  GENERAL  SCHOOL  LAWS, 

for  which  such  bonds  are  to  be  issued,  the  form  of  the  ballots  to  be 
used  and  the  time  and  place  of  holding  such  election.  The  judges 
and  clerks  shall  be  appointed  and  the  election  shall  be  conducted 
as  provided  by  the  charter  of  said  city  for  conducting  annual 
elections,  and  the  returns  shall  be  canvassed  and  in  like  manner 
returned.  This  article  shall  not  be  construed  to  limit  or  restrict 
the  powers  already  conferred  by  any  special  charter  upon  the 
council  of  any  city  or  municipal  corporation.  The  bonds  voted 
as  provided  for  in  this  article  shall  be  sold  at  not  less  than  par 
value. 

§  2483.  Bonds  may  be  refunded.  All  bonds  heretofore  issued 
by  any  city  or  by  or  under  the  authority  of  the  board  of  education 
of  any  city  in  this  state  for  school  or  school  house  purposes  may 
be  refunded  in  the  discretion  of  said  board  in  the  manner  herein- 
after provided,  whenever  there  is  not  sufficient  money  in  the  treas- 
ury of  such  city  applicable  thereto,  to  pay  such  bonds. 

§  2484.  Denomination  of  bonds.  Said  bonds  shall  be  in 
denominations  of  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars,  shall  be  numibered  consecutively  from  one  up- 
ward, shall  bear  the  date  of  their  issue,  shall  be  made  payable  to 
the  purchaser  or  bearer,  shall  be  payable  ten  years  from  date,  and 
shall  bear  interest  at  a  rate  not  exceeding  seven  per  cent  per  annum 
payable  annually,  with  interest  coupons  attached,  and  principal 
and  interest  shall  be  made  payable  at  such  place  as  may  be  desig- 
nated by  the  board  of  education.  The  bonds  and  each  coupon  shall 
be  signed  by  the  mayor  and  attested  by  the  city  clerk  or  auditor 
under  the  seal  of  the  city.  Said  bonds  shall  be  printed,  engraved 
or  lithographed  on  bond  paper,  and  a  duly  authenticated  copy  of 
this  article  shall  be  printed  on  the  back  of  each  bond. 

§  2486.  Bonds,  how  executed.  The  refunding  of  indebtedness 
and  the  issuance  of  bonds  provided  in  this  article  shall  be  under 
the  control  and  direction  of  the  board  of  education,  and  a  resolution 
of  said  board  directing  the  execution  of  such  bonds  and  specifying 
the  number  and  amount  of  each  bond  shall  authorize  and  require 
the  mayor  and  city  clerk  or  auditor  to  execute  the  same  in  the 
manner  herein  provided,  and  deliver  the  bonds  so  executed  to  the 
board  of  education  who  shall  provide  for  the  sale  and  negotiation 
thereof  or  for  the  exchange  of  said  bonds  for  outstanding  bonds 
authorized  to  be  refunded  under  this  article,  as  they  may  deem 
best;  provided,  that  such  refunding  bonds  shall  not  be  sold  or 
exchanged  at  less  than  par  value.  .  Both  principal  and  interest  of 
said  bonds  shall  be  paid  by  the  city  treasurer  by  warrants  drawn 
upon  the  funds  created  therefor  and  issued  under  the  direction  of 
the  board  of  education.  A  duly  certified  copy  of  the  resolution  of 
the  board  of  education  authorizing  and  directing  the  execution  of 
such  bonds  by  the  mayor  and  city  clerk  or  auditor  shall  be  printed 
on  the  back  of  each  bond.  A  register  of  all  bonds  so  executed 
shall  be  made  by  the  city  clerk  or  auditor  and  kept  in  his  office  as 


STATE    OF    NORTH    DAKOTA.  133 

a  public  record,  showing  the  number,  date,  amount,  interest,  name 
of  payee  and  when  and  where  payable,  of  each  and  all  bonds  exe- 
cuted under  the  provisions  of  this  article.  And  after  such  out- 
standing bonds  shall  have  been  so  refunded  the  same  shall  be 
placed  in  the  hands  of  the  city  clerk  or  auditor  after  having  had 
first  marked  across  the  face  thereof  in  red  ink  the  words  "refunded 
bond;"  and  the  city  clerk  or  auditor  shall  thereupon  make  a  record 
of  each  bond  in  the  same  manner  provided  herein  for  bonds  issued 
under  this  article  and  at  the  next  regular  meeting  of  the  city  coun- 
cil shall  cancel  and  burn  said  bonds  in  the  presence  of  the  city 
council  and  make  a  record  of  such  action  in  the  proceedings  of  the 
council. 

§  3487.  Interest  fund.  Any  city,  town  or  village  in  this  state 
having  not  less  than  three  thousand  inhabitants  is  authorized  and 
empowered  through  its  proper  officers  to  levy  and  collect  taxes  not 
exceeding  twelve  mills  on  the  dollar  of  the  assessed  valuation  of 
said  city,  town  or  village,  for  the  purpose  of  creating  an  interest 
fund  with  which  to  pay  interest  upon  the  existing  'bonded  indebted- 
ness of  such  municipality,  including  bonds,  if  any,  issued  under  the 
direction  of  the  restpective  boards  of  education  therein.  If  any 
officer  of  such  municipality  shall  use  the  moneys  collected  by  virtue 
of  this  section  for  any  other  purpose  than  that  expressed  herein, 
he  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars  or  imprisoned  in  the  county  jail  not  less  than  thirty  days 
nor  more  than  one  year. 

§  2488.  Sinking  fund.  They  may  also  levy  and  collect  taxes 
not  exceeding  four  mills  on  the  dollar  for  the  purpose  of  creating 
a  sinking  fund  to  pay  the  bonds  of  the  municipality  as  the  same 
may  mature ;  and  the  proper  officers  of  the  municipality  may  invest 
the  money  in  said  fund  in  interest  bearing  securities  of  the  state 
or  of  any  organized  county  therein  or  of  the  municipality,  and  shall 
in  no  other  manner  dispose  of  the  money  in  said  fund,  and  if  any 
officer  of  such  municipalities  shall  use  the  money  in  said  fund  in  any 
other  manner  than  as  provided  in  this  section  he  shall  be  guilty  of 
a  misdemeanor. 

BONDS    FOR   LABOR    AND   MATERIAL    FOR   PUBLIC    BUILDINGS. 

§  4802.    Bonds  from  contractors  on  public  improvements. 

Whenever  any  public  officer  shall,  under  the  laws  of  this  state, 
enter  into  contract  in  any  sum  exceeding  one  hundred  dollars,  with 
any  person  for  making  any  public  improvements,  or  for  constructing 
any  public  building,  or  making  repairs  on  the  same,  such  officer 
shall  take  from  the  party  contracted  with  a  bond,  conditioned  to 
the  effect  that  such  contractor  shall  pay  all  indebtedness  incurred 
for  labor  or  material  furnished  in  the  construction  or  repair  of  such 
public  building  or  in  making  such  public  improvements. 


134  GENERAL  SCHOOL  LAWS, 

§  4803.  How  bond  executed.  Such  bond  shall  run  to  the 
state  of  North  Dakota,  shall  be  executed  by  two  or  more  sureties 
and  shall  be  for  an  amount  at  least  equal  to  the  price  stated  in  the 
contract.  It  shall  be  approved  by  the  clerk  Oif  the  district  court 
of  the  county  in  which  such  building  is  to  be  constructed  or  such 
public  improvement  is  to  be  made  and  the  sureties  thereon  shall 
qualify  in  a  sum  equal  to  double  the  amount  specified  in  the  bond. 

§  4804.  Where  bond  filed.  Recovery  on.  Such  bond 
shall  be  filed  in  the  office  of  the  clerk  of  the  district  court  of  the 
county  in  which  such  public  improvement  is  to  be  made  or  such 
public  building  is  to  be  erected;  and  any  person  to  whom  there  is 
due  any  sum  for  labor  or  material  furnished,  as  stated  in  section 
4802,  or  his  assigns,  may  bring  an  action  on  the  bond  for  the  recov- 
ery of  such  indebtedness;  provided,  that  no  action  shall  be  brought 
on  such  bond  unless  commenced  within  one  year  from  the  com- 
pletion of  such  puiblic  improvements,  repairs  or  buildings. 

SPECULATION   IN   OFFICE   PROHIBITED. 

§  7632.    Unlawful  purchases  by  school  district  officers. 

Every  person  who  while  an  officer  of  any  school  district  or  corpora- 
tion, or  deputy  or  clerk  of  such  officer,  directly  or  indirectly,  buys 
or  traffics  in  or  in  anywise  becomes  a  party  to  the  purchase  of  any 
school  warrant,  order  or  scrip,  or  any  bill,  account,  claim  or  evi- 
dence of  indebtedness  against  his  school  district  or  corporation, 
for  any  sum  less  than  the  full  face  value  thereof,  is  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  is  punishable  by  a  fine  of  not 
less  than  fifty  and  not  exceeding  five  hundred  dollars. 


APPENDIX— C. 


DIGEST  OF  DECISIONS  OF  SUPREME  COURT. 
SCHOOL   DISTRICTS — POWERS. 

Laws  Dak.  1879,  Chap.  14,  Sec.  29,  Subd.  4,  provides  that  the  in- 
habitants qualified  to  vote  at  a  school  district  meeting  may  vote  for 
a  site  for  a  school  house.  By  subdivision  5,  they  may  vote  a  tax 
to  purchase  or  lease  such  site.  By  section  56,  it  is  made  the  duty  of 
the  district  board  "to  purchase  or  lease  such  site  for  a  school  house 
as  shall  have  been  designated  by  the  voters  at  a  district  meeting," 
and  to  build  such  a  school  house  as  the  voters  of  the  district  shall 
have  agreed  upon.  Held,  that  the  power  to  acquire  a  site  for  a 


STATE    OF    NORTH    DAKOTA.  135 


school  house  is  vested  exclusively  in  the  voters  of  the  district,  and 

the  board  have  no  independent  authority  whatever. 

Farmers'  and  Merchants'  National  Bank  of  Valley  City,  vs.  School 

District  No.  53,  Barnes  County,  42  N.  W.,  767. 
The  statute  restricts  the  amount  of  obligations  a  school  district 
may  incur  in  any  one  year  to  14  per  cent  on  the  value  of  the  taxable 
property  in  the  district.    Held,  that  warrants  payable  immediately, 
for  sums  exceeding  such  percentage,  are  invalid.     Id. 
/      The  district  may  plead  ultra  vires  to  an  action  on  warrants  issued 
for  the  purchase  of  a  school  site  by  the  district  board  without 
authority.      Id. 

SCHOOI,   AND   SCHOOI,   DISTRICTS — TAXATION — CONTRACTS. 

Laws  Dak.  1879,  Chap.  14,  Sec.  29,  Subd.  5,  provides  that  school 
districts  may  vote  annually  a  tax  of  1  per  cent  on  the  taxable  prop- 
erty of  the  districts  to  purchase  or  lease  a  site  for  a  school  house. 
Subdivision  8  provides  that  school  districts  may  vote  a  tax  as  may 
be  necessary,  not  exceeding  one-half  per  cent  in  any  one  year,  to 
furnish  the  school  with  furniture  and  apparatus,  A  school  board 
issued  orders  in  excess  of  1  1-2  per  cent  of  the  taxable  property  in 
the  district,  on  which  they  obtained  money,  which  was  used  in  pur- 
chasing a  site  and  building,  and  furnishing  a  school  house;  and,  on 
completing  the  school  house  two  years  thereafter,  reported  such  or- 
ders, showing  that  they  amounted  to  less  than  1 1-2  per  cent  tax  for 
each  of  the  two  years  would  have  produced,  and  the  district  ac- 
cepted and  occupied  the  school  house,  and  approved  the  report. 
Held,  that  the  district  had  power  to  issue  the  orders,  and  had 
ratified  the  action  of  the  board  in  issuing  them,  and  was  bound 
thereby. 
Capital  Bank  of  St.  Paul  vs.  School  Dist.  No.  85,  Cass  County  42 

N.  W.,  774. 

SCHOOIv   AND   SCHOOL   DISTRICTS — INCORPORATION — BONDS — 

ESTOPPED 

Pol.  Code  Dak.  1877,  Chap.  40,  Sec.  10,  provides  that  "it  shall 
be  the  duty  of  the  county  superintendent  of  schools 
to  divide  his  county  into  school  districts,  subdivide  and  rearrange 
the  boundaries  of  the  same,  when  petitioned  iby  a  majority  of  the 
citizens  residing  in  the  district  or  districts  to  be  affected  by  said 
change  and  to  furnish  the  county  commissioners 
with   a  written   description   of   the  boundaries   of   each    district, 
which  description  must  be  filed  in  the  register  of  deeds'  office 
before  such  district  shall  be  entitled  to  proceed  with  its  organiza- 
tion."   Held,  that  a  petition  by  a  majority  of  the  citizens  of  the 
districts  affected  is  a  condition  precedent  to  the  incorporation  by 
the  superintendent  of  a  new  district. 
Dartmouth  Sav.  Bank  vs.  School  Dists.  Nos.  6  and  31,  Minnehaha 

County,  43  N.  W.,  822. 


136  GENERAL  SCHOOL  LAWS, 

In  an  action  on  a  bond  issued  'by  a  district  formed  without  such 
petition  against  districts  which  are  its  successors,  defendants  are 
not  estopped  to  deny  that  district's  incorporation  by  showing 
failure  to  present  the  petition.  Id. 

SCHOOL   DISTRICTS — TEACHER'S   SALARY — WARRANTS. 

Every  contract  relating  to  the  employment  of  a  teacher  who 
does  not  hold  a  lawful  certificate  of  qualification  is  void  by  the 
express  terms  of  the  statute,  and  every  warrant  issued  in  payment 
of  services  of  such  teacher  is  without  consideration  and  void. 
Ooose  River  Bank  vs.  Willow  Lake  School  Tp.,  Steele  County,  44 

N.  W.,  1002. 

School  township  warrants  are  not  negotiable  instruments,  in  the 
sense  that  their  negotiations  will  cut  off  defenses  to  them  existing 
against  them  in  the  hands  of  the  payee.  Id. 

The  officers  of  a  school  township  cannot  estop  the  township  by 
a  representation,  express  or  implied,  that  the  facts  to  authorize 
the  issue  of  a  lawful  warrant  exist.  Id. 

Where  a  contract  is  expressly  prohibited  or  declared  void  by 
statute,  retention  of  the  fruits  of  such  contract  will  not.  subject  a 
municipality  to  liability  under  the  contract  or  on  a  quantum 
meruit.  Id. 

A  person  who  assists  a  puiblic  officer  in  depriving  the  public  of 
the  benefits  of  a  statutory  protection  designed  to  guard  the  people 
against  unfit  and  incompetent  teachers  has  no  standing  in  court, 
and  his  assignee  will  receive  no  greater  consideration.     Id. 
Coler  et  al.  vs.  Dwight  School  Tp.,  of  Richland  County. 

(Supreme  Court  of  North  Dakota,  April  25,  1893.) 

SCHOOL  TOWNSHIP — ESTOPPEL — EXISTENCE  OF  DISTRICT. 

1.  The   county    superintendent   of   schools,    under   chapter    14, 
lawrs  of  1879,  organized  a  school  district.      School  district  officers 
were  elected,  and  exercised  the  functions  of  their  respective  of- 
fices;  teachers   were  employed   by   the   district,   and   school   was 
taught  therein,  and  a  school  meeting  was  held  in  the  district  to 
vote  upon  the  question  of  issuing  bonds  to  build  a  school  house. 
Such  bonds  were  thereafter  issued.       In  an  action  upon  some  of 
the  interest  coupons  of  such  bonds,  Held,  that  the  district  was  a 
defacto   municipal    corporation,   and   that   therefore   the   defense 
could  not  be  interposed  that  the  bonds  were  void  on  the  ground 
that  the  district  had  no  legal  existence  because  of  a  failure  to 
comply  with  provisions  of  the  statute  regulating  the  organization 
of  such  districts  in  matters  which  went  to  the  jurisdiction  of  the 
county  superintendent  to  organize  the  district. 

2.  Municipal   corporations  are  estopped,   as  against  bona  fide 
holders  of  municipal  bonds,  from  setting  up  as  a  defense  to  an 
action  thereon  that  all  the  preliminary  steps  necessary  to  auth- 


STATE    OF    NORTH    DAKOTA.  137 

orize  the  issue  of  the  bonds  were  not  taken,  when  the  officers 
who  have  charge  of  the  issue  of  such  bonds  are  especially  or 
impliedly  authorized  to  determine  whether  all  the  conditions  pre- 
cedent to  the  issue  of  valid  'bonds  have  been  complied  with,  and 
recite  in  the  bonds  so  issued  that  they  have  been  complied  with. 
It  is  not  necessary  to  estop  the  corporation  that  this  statement 
should  set  forth  in  detail  that  all  the  preliminary  steps  have  been 
taken.  It  is  sufficient  that  it  declare  that  the  bonds  are  issued  in 
pursuance  of  a  certain  statute,  specifying  it.  Neither  is  it  essen- 
tial that  the  officers  issuing  the  bonds  should  be  expressly  author- 
ized to  determine  such  questions. 

It  is  sufficient  if  they  are  given  full  control  in  the  matter. 

3.  A  school  township  organized  under  chapter  44,  laws  of 
1883,  becomes,  immediately  upon  such  organization,  liable  for 
debts  of  a  district,  the  school  house  and  furniture  of  which  become 
the  property  of  the  school  township.  This  liability  is  complete, 
and  does  not  depend  upon  the  settlement  of  equities  between 
several  districts  included  in  the  new  school  township,  under  sec- 
tions 136-138,  c.  44,  laws  1883. 

(Syllalbus  by  the  Court.) 
Prairie  School  Dist.  vs.  Haseleu  et  al. 

(Supreme  Court  of  North  Dakota,  July  6,  1893.) 

SCHOOL  DISTRICTS — POWERS  OF  OFFICERS — LOSS  OF  FUNDS — LIABIL- 
ITY OF  TREASURER  ON  OFFICIAL  BOND — PAROL  EVIDENCE — 
HARMLESS  ERROR. 

1.  Chapters  44-45,  Ses.  Laws  Dak.  T.  1883,  relating  to  school 
townships   and  school   house  bonds,   considered.     Held,  that  the 
school  board  (consisting  of  the  treasurer,  clerk  and  director)  is 
the  official  governing  board  of  such  school  township,   and  such 
board  has  full  power  and  authority  to  issue,  negotiate  and  sell 
such  bonds  of  the  school  township  as  have  been  duly  voted  by 
the  electors  for  the  purpose  of  building  a  school  house.       Held, 
further,  that  the  school  township  treasurer,  acting  independently, 
has  no  authority  under  the  law  and  by  virtue  of  his  office  as  treas- 
urer, to  issue,  negotiate  or  sell  such  bonds. 

2.  Where  the  school  board  of  the  plaintiff,  consisting  of  the 
treasurer,  clerk  and  director,  issued  certain  school  house  bonds, 
which  had  been  regularly  voted  by  the  electors,  and  in  doing  so 
delivered  such  bonds  to  a  bank  to  be  negotiated  and  sold  for  the 
benefit  of  the  school  township,  and  the  bonds  were  sold  and  put  in 
circulation,  but  the  proceeds  were  never  turned  over  to  the  school 
township,  but,  on  the  contrary,  were  lost  to  the  school  township. 
Held,  that  the  school  board  was  wholly  responsible  for  such  loss. 
Held,  further,  that  such  bonds  not  having  been  delivered  to  the  treas- 
urer for  negotiation  and  sale,  and  he  never  having  sold  or  attempted 
to  sell  the  same,  an  action  will  not  lie  against  the  treasurer  or  his 


138  GENERAL  SCHOOL  LAWS, 

sureties  on  his  official  bond  for  a  breach  of  the  condition  of  such 
bond,  which  requires  the  treasurer  to  account  for  and  pay  over  all 
moneys  and  property  which  shall  come  into  his  hands  as  treasurer. 

3.  The  obligations  of  sureties  upon  official  bonds  are  measured 
by  the  language  of  the  bond,  and  where  the  condition  of  a  bond 
embodies  the  provision  of  the  statute,  and  no  more,  the  obligation 
cannot  be  expanded  by  construction  beyond  the  fair  import  of  the 
language  in  which  the  sureties  have  consented  to  be  bound. 

4.  When  the  bonds  were  delivered  by  the  board  at  the  bank  for 
negotiation  and  sale,  all  members  of  the  board  were  at  the  bank, 
and  acting  in  concert.      At  the  time  the  cashier  of  the  bank  deliv- 
ered  to    the   treasurer   a    writing    as   follows:      "$1,000.     Grand 
Rapids,  Dakota,  Sept.  28th,  1883.      Received  of  William  Haseleu, 
Treasurer  Prairie  School  Township,  one  thousand  dollars  in  bonds 
of  Prairie  Township,  LaMoure  Co.,  D.  T.,  for  placing  and  Or.      A.  EL 
Huelster,  Cashier  Bank  of  Grand  Rapids."     Held,  that  such  writing 
embodied  both  a  receipt  and  a  contract,  and  that  as  such  its  terms 
could  be  varied  and  explained  by  parol  evidence,  but  only  as  to  that 
part  which  is  a  mere  receipt. 

5.  Where  it  appears  that  upon  the  uncontroverted  facts   the 
plaintiff  cannot  recover  in  the  action,  a  verdict  and  judgment  for 
defendants  will  not  be  disturbed  by  this  court  even  when  the 
records  show  errors  in  procedure.      Such  errors  are  without  preju- 
dice. 

(Syllabus  by  the  Court.) 

Gull  River  Lumber  Company,  Plaintiff  and  Respondent  vs.  School 
District  No  39,  Barnes"  County,  D.  T.,  Defendant  and  Appel- 
lant. 

1.      PRACTICE — FINDINGS   OF    FACT. 

When  the  trial  court  determines  the  issue  of  fact  without  a.  jury, 
the  requirements  of  the  statute  as  to  findings  is  mandatory,  and 
not  directory.  In  such  cases  it  is  the  duty  of  the  trial  court  with- 
out request  to  make  express  findings  of  the  ultimate  facts  which 
are  material  and  arise  upon  the  pleadings.  Accordingly  when  the 
district  court,  in  such  case,  made  no  express  findings  of  the  ultimate 
facts  which  were  in  issue,  but  instead  of  doing  so  adopted  certain 
documentary  evidence,  and  a  certain  stipulation  of  facts,  as  its 
findings  of  facts,  and  from  such  findings  drew  certain  legal  con- 
clusions, upon  which  judgment  was  entered.  Held,  reversible 
error. 

2.       CAPITAL   BANK  VS.    SCHOOL   DISTRICT   FOLLOWED. 

Merits  of  this  case  same  as  decided  at  present  term  of  court,  i.  e. 
Capital  Bank  of  St.  Paul  vs.  School  District  No.  53. 
Gull  River  Lumber  Company  vs.  School  District  No.  39,  of  Barnes 
County. 


STATE    OF    NORTH    DAKOTA.  139. 


1.       TRANSFER   OF   CAUSES    UNDER   THE   OMNIBUS 

Respondent,  after  admission  of  North  Dakota  into  the  Federal 
Union,  argued  the  appeal  in  this  case  in  the  supreme  court  of  the 
state,  applied  for  a  rehearing  after  defeat,  and  after  securing  a 
rehearing  applied  for  and  obtained  a  continuance.  Held,  that  he 
could  not  thereafter  obtain  a  transfer  of  the  case  to  the  federal 
court  on  the  ground  of  diverse  citizenship,  under  the  provisions  of 
the  enabling  act. 

(Opinion  filed  Feb.  2,  1891.) 

Capital  Bank  of  St.  Paul,  Plaintiff,  Appellant  vs.  School  District 
No.  53,  Barnes  County,  D.  T.,  Defendants  and  Respondent. 

1.      SCHOOL   DISTRICT — CONTRACT   ULTRA   VIRES — RATIFICATION. 

A  contract  authorized  by  the  inhabitants  of  a  school  district 
at  a  district  meeting,  to  build  a  school  house  for  an  amount  in  ex- 
cess of  funds  on  hand  or  subject  to  collection  for  that  purpose,  and 
the  amount  that  could  be  realized  from  the  maximum  tax  which 
could  be  levied  by  the  inhabitants  for  the  current  year  and  used  for 
that  purpose,  is  void.  Therefore,  Held,  that  such  a  contract,  void 
because  the  district  board  had  no  authority  to  make  it,  could  not  be 
made  binding  upon  the  district  by  subsequent  ratification  by  the 
inhabitants.  Whether  there  were  sufficient  evidence  of  such  rati- 
fication not  decided. 

2.      SAME — RECEIPT   OF   FRUITS   OF   CONTRACT   CREATES    NO 

LIABILITY. 

Such  contract  being  implied  prohibited  by  statute,  the  receipt 
by  the  district  of  the  fruits  thereof  creates  no  liability  either  under 
the  contract  or  for  the  value  received. 

3.       SAME — WARRANT    CREATES~NO   LIABILITY. 

A  warrant  creates  no  greater  liability  than  the  debt  it  represents, 
whether  in  the  hands  of  the  original  party  or  of  a  purchaser  before 
maturity  and  for  value. 

Opinion  filed  Nov.  29,  1890.) 
Goose  River  Bank  vs.  Gilmore,  et  al. 

(Supreme  Court  of  North  Dakota,  Jan.  25,  1893.) 

APPEAL   FROM    ORDER   DENYING   NEW   TRIAL — RECORD. 

1.  When  an  appeal  is  taken  from  an  order  denying  a  new  trial, 
and  the  motion  for  a  new  trial  was  heard  in  part  upon  certain  papers 
ar«d  documents,  which,  on  appeal  to  this  court,  have  been  properly 
identified  by  the  judge  and  certified  by  the  clerk  of  district  court,  a 
motion  to  purge  the  record  of  such  papers  and  documents  for  the 
reason  that  the  same  are  not  authenticated  by  any  bill  or  statement. 


140  GENERAL     SCHOOL     LAWS, 


cannot  be  sustained.  Under  section  5,  chapter  120.  laws  1891,  no 
bill  or  statement  is  required  to  bring  such  papers  and  documents 
before  the  court. 

2.  The  stenographer's  transcript  of  the  proceedings  had  at  the 
trial,  and  used  on  a  motion  for  a  new  trial  for  the  purpose  of  show- 
ing errors  of  law  occuring  at  the  trial,  does  not  constitute  an  au- 
thenticated record  and  before  this  court  can  review  errors  occur- 
ring at  the  trial  the  proceedings  must  be  brought  upon  the  record 
by  a  bill  of  exceptions  or  statement  of  the  case. 

3.  An  affidavit  used  upon  a  motion  for  a  new  trial,  which  states 
that  certain  evidence  could  and  would  be  offered  if  a  new  trial 
should  be  granted,  is  entirely  insufficient  unless  it  also  states  that 
such  evidence  is  newly  discovered,  or  furnishes  some  excuse  for  not 
introducing  it  on  the  former  trial. 

(Syllabus  by  the  Court.) 

People's  Bank  of  St.  Paul  vs.  School  District  .No.  52. 
(Supreme  Court  of  North  Dakota,  December  16,  1893.) 

SCHOOL   DISTRICT   BONDS — STRICT   COMPLIANCE   WITH   STATUTE. 

Where  a  statute  authorized  the  issue  of  municipal  bonds  payable 
in  not  less  than  ten  years  from  date,  bonds  issued  thereunder,  pay- 
able in  eleven  days  less  than  ten  years  from  date  are  void,  even  in 
the  hands  of  a  bona  fide  purchaser. 

INDEPENDENT   LIABILITY   OF   DISTRICT. 

The  invalidity  of  such  'bonds  does  not  affect  the  liability,  if  any, 
of  the  municipality,  independently  of  the  bonds. 

BONA   FIDE   PURCHASERS — NOTICE    OF   LAW. 

It  is  elementary  that  even  bona  fide  purchasers  of  negotiable 
municipal  securities  are  charged  with  knowledge  of  all  the  require- 
ments of  the  statute  under  which  the  securities  were  issued. 
Benjamin  W.  Hosmer  vs.  Sheldon  School  District  No.  2. 

(Supreme  Court  of  North  Dakota,  July  23,  1894.) 

SCHOOL      DISTRICT — TEACHER'S      CERTIFICATE— VOID    EMPLOYMENT. 

A  contract  duly  executed  between  the  proper  officers  of  a  school 
district  and  another  person,  by  the  terms  of  which  said  person  is 
employed  as  a  teacher  in  a  public  school  in  said  district,  is  void 
where  such  person,  at  the  time  of  making  the  contract,  holds  no 
certificate  of  authority  to  teach  in  the  county  where  the  district  is 
located. 

CERTIFICATE   WILL   NOT   RELATE   BACK. 

The  subsequent  procurement  of  such  certificate  will  not  enable 


STATE    OF    NORTH    DAKOTA.  141 

such  person  to  recover  against  the  district  damages  for  the  breach, 

of  such  contract. 

{Samuel  D.  Flagg  vs.  School  District  No.  70. 

(Supreme  Court  of  North  Dakota,  March  19,  1894.) 

MUNICIPAL     BONDS —PROVISION     FOR       EXCHANGE     DESTROYS     NEGO- 
TIABILITY. 

An  instrument  providing  for  the  payment  of  exchange  on  a  point 
other  than  the  place  of  payment,  in  addition  to  principal  and  inter- 
est, is  not  a  negotiable  instrument;  and  one  who  purchases  the 
same  before  maturity  for  value,  and  without  notice  of  any  defense 
thereto,  nevertheless  takes  it  subject  to  the  defense  of  want  O'f  con- 
sideration good  as  between  the  original  parties  to  the  instrument, 

CERTIFICATE   OF  PROPER   OFFICER — EVIDENCE   OF  VALIDITY. 

Defendant  was  authorized  to  issue  bonds  to  fund  its  outstanding 
indebtedness  in  case  certain  statutory  prerequisites  were  complied 
'with.  A  record  of  the  proceedings  culminating  in  the  decision  to  is- 
sue bonds  was  to  be  made  in  the  district,  and  a  certified  copy  thereof 
was  to  be  filed  with  the  county  clerk,  and  preserved  as  a  record  in  his 
office.  It  was  made  the  duty  of  the  'county  clerk  to  examine  such 
record  in  his  office,  and  if  satisfied,  from  such  examination,  that  all 
the  requisites  of  the  act  with  respect  to  the  preliminary  proceedings 
had  been  complied  with,  and  that  the  bonds  were  authorized  to  bo 
issued,  as  provided  for  in  the  act,  he  was  to  register  the  bonds,  and 
indorse  upon  each  of  them  his  certificate  in  the  form  prescribed  in 
the  statute.  The  bonds  in  question  were  so  registered  and  cer- 
tified. Held,  that  a  purchaser  of  such  bonds,  for  value,  before 
maturity,  and  without  notice  that  any  of  the  co ad » lions  of  che 
statute  relating  to  proceedings  to  authorize  the  issue  of  the  bonds 
had  not  been  complied  with,  could  rely  upon  the  certificate  of  the 
county  clerk  as  finally  settling  all  such  matters,  and  that  the  court 
below  did  not  err  in  rejecting  defendant's  offer  to  prove  thai  such 
conditions  had  not  been  complied  with. 

BONDS    REGISTERED    AND    CERTIFIED    AS   LEGAL   UNDER    STATUTE— 
NOT   OPEN   TO%  QUESTION    IN   HANDS   OF   BONA   FIDE   PUR- 
CHASERS. 

By  an  amendment  to  the  act,  it  was  provided  that  no  district, 
in  which  the  title  to  the  school  site  was  not  in  the  school  board, 
should  bond  its  debt  until  it  had  obtained  such  title.  But  it  was 
declared  in  such  amendment  that,  after  the  bonds  had  been  regis- 
tered and  certified,  their  validity  should  not  be  questioned  in  any 
tribunal,  but  should  be  and  remain  valid  and  binding.  Held 
that  this  provision  made  it  the  duty  of  the  county  clerk  to  pass 
upon  this  question  of  title  before  registering  and  certifying  the 


142  GENERAL  SCHOOL  LAWS, 

bonds,  and  that,  therefore,  his  decision,  evidenced  by  registering 
and  certifying  the  bonds,  that  such  condition  as  to  title  to  the 
school  site  had  been  complied  with,  was  final  on  the  point,  as 
against  the  district,  in  favor  of  one  who  purchased  the  bonds  in 
good  faith,  for  value,  without  notice  that  this  condition  had  not 
been  complied  with. 

RECITALS   IN    NON-NEGOTIABLE    BONDS. 

The  right  of  a  bona  fide  purchaser  of  municipal  bonds  to  rely 
upon  a  recital  or  certificate  as  to  facts  which  the  person  making 
the  same  had  authority  to  determine,  does-  not  depend  upon  the 
bond  being  a  negotiable  instrument.  It  exists  in  the  case  of  a 
bona  fide  purchaser 'of  a  non-negotiable  bond  as  well. 

-WANT   OF   CONSIDERATION  CANNOT  BE  SHOWN  AGAINST    A  BONA  FIDE 

PURCHASER. 

The  statute  declared  that  a  coihmittee  should  audit  the  claims 
against  the  district,  and  determine  the  amount  of  indebtedness  to 
be  funded.  Held,  that  the  auditing  by  the  committee  of  claims 
against  the  district,  and  the  vote  of  the  district  to  bond  to  pay 
.such  bonds,  as  against  a  bona  fide  purchaser  of  such  bonds;  that, 
an  inquiry  as  to  the  validity  of  such  claims  as  a  consideration  for 
such  bonds,  as  against  a  bona  fide  purchaser  of  such  bonds,  that, 
as  against  such  purchaser,  the  district  could  not  show,  to  prove  a 
want  of  consideration  between  the  original  parties,  that  the  bonds 
were  in  fact  paid  for  by  the  one  to  whom  they  were  originally  issued 
by  the  district,  by  the  surrender  of  void  claims  held  by  him  against 
the  district,  provided  such  claims  had  in  fact  been  audited  and 
canceled,  and  bonds  voted  and  issued  under  the  provisions  of  the 
statute. 
Samuel  D.  Flagg  vs.  School  District  No.  70,  Barnes  County. 

(Supreme  Court  of  North  Dakota,  October  28,  1895.) 

ACTION     ON    SCHOOL   BONDS — EVIDENCE   OF   WANT   OF   CON- 
SIDERATION. 

Under  the  decision  of  the  court  on  the  former  appeal  in  this  case 
(58  N.  W.  499,  N.  D.  30)  it  was  held  that  the  defendant  could  show 
a  want  of  consideration  for  the  bonds  sued  on  by  proving  that 
defendant  received  neither  cash  nor  audited  and  canceled  war- 
rants as  a  consideration  for  them.  For  error  in  refusing  to  allow 
such  proof  the  judgment  is  reversed. 

(Supreme  Court  of  North  Dakota,  May  27,  1897.)  • 

SPECIAL   DISTRICT — EQUALIZATION    OF   INDEBTEDNESS. 

Where  a  school  district  is  divided,  by  the  organization  of  a  city 
or  incorporated  town  or  village  situated  within  said  district,  into 


STATE    OF    NORTH    DAKOTA.  143 


-a  special  school  district,  under  the  provisions  of  chapter  62  of  the 
laws  of  1800,  the  board  of  arbitration  provided  for  by  said  chapter 
to  equalize  .the  interests  of  said  districts  must  take  into  considera- 
tion the  school  building  owned  by  the  original  district,  and  adjust 
the  rights  of  the  respective  districts  concerning  the  same. 
Coler  et  al.  vs.  Coppin  et  al. 

(Supreme  Court  of  North  Dakota,  May  10,  1898.) 

SCHOOIy   TOWNSHIP — ENFORCEMENT   OF   JUDGMENT. 

1.  When  a  judgment  is  obtained  against  a  school  township 
organized  under  chapter  44  of  the  laws  of  1883,  on  an  indebtedness 
of  a  school  district  for  whose  indebtedness  such  school  township 
became  liable  under  section  144  of  such  statute,  the  judgment 
creditor  may  proceed  to  enforce  such  judgment,  the  same  as  any 
other  judgment  against  such  school  township.  . 


APPENDIX  D. 


NOTES   AND   REFERENCES. 

Note  1.  Section  343  fixes  the  bond  of  the  superintendent  of  pub- 
lic instruction  at  |5,000. 

Note  2.  Section  343  fixes  the  bond  of  the  county  superintendent 
at  |500. 

Note  3.  Article  9  provides  for  the  filling  of  vacancies.  Section 
359  provides  when  vacancies  occur. 

§  359.  Vacancies  how  caused.  Every  office  shall  become 
vacant  on  the  happening  of  either  of  the  following  events: 

1.  Death  of  the  incumbent. 

2.  His  insanaity  judicially  determined. 

3.  His   resignation. 

4.  His  removal  from  office. 

5.  His  failure  to  discharge  the  duties  of  his  office,  when  such 
failure  has  continued  for  sixty  consecutive  days,  except  when  pre- 
vented from  discharging  such  duties  by  sickness  or  other  unavoid- 
able cause. 

6.  His  failure  to  qualify  as  provided  by  law. 

7.  His  ceasing  to  be  a  resident  of  the  state,  district,  county  or 
township  in  which  the  duties  of  his  office  are  to  be  discharged,  or 
for  which  he  may  have  been  elected. 

8.  His  conviction  of  a  felony  or  of  any  offense  involving  moral 
turpitude  or  a  violation  of  his  official  oath. 


144  GENERAL  SCHOOL  LAWS, 


9.  His  ceasing  to  possess  any  of  the  qualifications  of  office  pre- 
scribed by  law. 

.  10.     The  decision   of  a  competent   tribunal   declaring  void   hia 
election  or  appointment. 

See  also  section  730  of  article  9. 

Temporary  absence  from  the  district  for  which  the  officer  is 
chosen  does  not  work  a  forfeiture  of  the  office.  The  failure  to 
elect  a  successor  in  office  does  not  create  a  vacancy. 

Note  4.  Section  645  does  not  confer  upon  the  county  superinten- 
tendent  authority  to  take  acknowledgments. 

Note  5.  County  superintendent,  salary  of.  In  determining 
the  salary  of  county  superintendent  that  officer  is  entitled  to  in- 
clude schools  in  special  and  independent  districts.  A  county 
superintendent  becomes  personally  responsible  for  the  accounting 
from  such  districts  as  reports  of  clerks  and  treasurers  have  to  be 
filed  with  him  for  purposes  of  statistics  and  apportionment  of  the 
state  school  fund. 

Note  6.  Under  Section  653  a  person  to  be  qualified  to  hold  the 
office  of  county  superintendent  must  hold  a  state  certificate  or  a 
first  grade  county  certificate.  Such  first  grade  need  not  be  issued 
in  the  county  in  which  the  county  superintendent  resides,  but  must 
be  of  legal  effect  at  the  time  the  holder  assumes  the  duties  of  the 
office. 

Note  7.  The  amendment  to  section  660  passed  by  the  legislative 
assembly  of  1899  was  declared  to  be  unconstitutional  by  the  su- 
preme court  in  case  of  Plummer  vs.  Borsheim.  This  restores  sec- 
tion 660  of  the  revised  codes  of  1895,  which  is  as  follows:  , 

§  660.  What  territory  may  be  organized  into  district 
school  corporations.  The  county  commissioners  of  each  county 
not  organized  for  school  purposes  under  the  district  school  system 
at  the  taking  effect  of  this  code,  shall  organize  into  a  distinct  school 
corporation  any  territory  not,  at  the  taking  effect  of  this  code, 
already  organized  into  a  civil  township  or  a  school  township,  upon 
being  petitioned  so  to  do  by  one-third  of  the  residents  of  such  ter- 
ritory, having  the  care  and  custody  of  any  child  of  school  age; 
provided,  such  territory  shall  consist  of  not  less  than  one  con- 
gressional township,  having  at  least  eight  thousand  dollars  of  tax- 
able property  and  at  least  ten  children  of  school  age  residing 
therein.  The  county  commissioners  of  every  such  county,  with 
the  advice  and  consent  of  the  county  superintendent,  may  rear- 
range the  boundaries  in  any  school  corporation  whose  territory  is 
not  included  within  a  civil  township,  when  petitioned  so  to  do  by  a 
majority  of  the  voters  residing  within  such  school  corporation, 
whose  boundaries  will  be  affected  thereby,  subject  to  the  same  re- 
strictions and  conditions  as  to  extent  of  territory,  value  of  taxable 
property  and  number  of  resident  children  of  school  age  as  in  the 
organization  of  a  school  corporation  from  territory  not  included  in 
a  civil  township.  In  the  formation  of  school  corporations  and  th<? 


STATE    OF    NORTH    DAKOTA.  145 

rearrangement  of  their  boundaries  as  provided  for  in  this  section,, 
the  boundary  lines  of  congressional  townships  shall  be  followed  as 
far  as  possible  as  school  corporation  lines. 

Note  8.  Section  667,  Eevised  Codes,  does  not  permit  the 
organization  of  a  district  when  there  are  twelve  or  more  chil- 
dren of  school  age  resident  therein,  without  the  requisite  amount 
of  taxable  property,  as  specified  by  section  660,  revised  codes. 

Note  9.  Elections.  Terms  of  officers.  No  vacancy  exists  to  be  filled 
by  appointment  wyhen  a  school  board  fails  to  hold  an  election  at 
the  time  prescribed  in  article  IV  of  the  general  school  laws.  The 
officers  whose  terms  expire  and  whose  successors  would  have  ta 
be  chosen  at  a  regular  election  do  not  vacate  their  office  but  hold 
until  their  successors  are  duly  elected  and  qualified  agreeably  to 
the  provisions  of  section  670  revised  codes. 

Note  10.  Section  672  prescribes  who  is  qualified  to  vote  or  hold 
office  and  refers  to  the  following  sections  which  em'body  section 
121  of  the  constitution;  the  restrictions  as  to  registration  are  not 
applicable. 

§  479.  Who  entitled  to  vote.  Every  male  person  of  the  age 
of  twenty-one  years  or  upwards  who  shall  have  been  a  resident  of 
this  state  one  year,  six  months  in  the  county  and  ninety  days  in  the 
precinct  next  preceding  the  election,  who  is  a  citizen  of  the  United 
States  or  has  declared  his  intention  to  become  such  one  year  and 
not  more  than  six  years  prior  to  such  election  conformably  to  the 
naturalization  lawTs  of  the  United  States,  or  any  person  of  Indian 
descent  who  shall  have  severed  his  tribal  relation  two  years  next 
preceding  such  election,  shall  be  entitled  to  vote;  provided,  he  has 
complied  with  the  provisions  of  any  law  which  is  now  or  may  in 
the  future  be  in  force  relating  to  the  registration  of  voters.  And 
all  persons  possessing  the  qualifications  mentioned  in  this  section 
and  who  have  resided  in  this  state  one  year  shall  be  eligible  to  any 
office  in  the  state,  except  as  otherwise  provided  in  the  constitution; 
provided,  however,  that  persons  shall  vote  in  the  precinct  where 
they  reside  and  not  elsewhere. 

§  480.  Qualifications  of  Indian  voters.  No  Indian  or  per- 
son of  Indian  descent  who  has  not  received  a  final  patent  conveying 
the  title  in  fee  of  lands  alloted  to  him  within  the  boundaries  of  this 
state,  pursuant  to  an  act  of  the  congress  of  the  United  States, 
approved  February  8,  1887,  and  entitled  "An  act  to  provide  for  the 
allotment  of  lands  in  several ty  to  Indians  on  the  various  reserva- 
tions, and  to  extend  the  protection  of  the  laws  of  the  United  States 
and  the  territories  over  the  Indians,  and  for  other  purposes,"  shall 
be  deemed  a  qualified  elector  of  the  state  of  North  Dakota,  or  be 
entitled  to  the  rights  and  privileges  of  an  elector  therein  unless 
he  was  born  within  the  limits  of  the  United  States,  and  has  volun- 
tarily taken  up  his  residence  within  this  state  separate  and  apart 
from  any  tribe  of  Indians  therein,  and  adopted  the  habits  of  civil- 
ized life,  and  is  in  no  manner  subject  to  the  authority  of  any  Indians 
chief  or  council  or  Indian  agent  of  the  United  States. 


146  GENERAL  SCHOOL  LAWS, 

Note  11.  Section  680  provides  for  the  appointment  of  a  clerk. 
His  qualifications  must  be  those  of  an  elector  of  the  district  for 
which  he  is  chosen  as  clerk. 

Note  12.  Section  681  provides  for  four  regular  meetings  and  fixes 
the  salary  of  each  director  at  $8.00  per  year,  less  |2.00  for  each 
meeting  missed.  Section  717  requires  the  board  to  meet  on  the 
Tuesday  in  July  succeeding  the  regular  meeting  of  the  board 
(which  would  be  the  third  Tuesday)  for  the  purpose  of  making 
settlement  with  the  treasurer.  No  additional  compensation  is 
allowed  for  this  or  special  meetings. 

Note  13.  There  is  no  conflict  between  sections  689  and  770  re- 
lating to  a  breach  of  the  conditions  of  a  school  treasurer's  bond. 
Section  770  is  merely  cumulative,  prescribing  that  action  against 
the  treasurer  failing  or  neglecting  to  pay  over  funds  belonging  to 
the  district  may  be  begun  by  the  district  school  board,  or  the 
county  superintendent  or  any  taxpayer. 

Note  14.  School  privileges  for  non-resident  pupils.  Under 
section  696,  revised  codes,  the  school  board  is  empowered  "to 
admit  pupils  from  other  districts  when  it  can  be  done  without 
injury  or  overcrowding  such  schools."  The  board  is  further  author- 
ized and  empowered  to  make  regulations  for  their  admission  and 
the  payment  of  tuition.  Whether  or  not  any  provision  be  made 
for  admission  of  non-resident  pupils  is  discretionary  with  the 
board. 

Note  15.  School  house,  Ipcation  of.  A  school  board  may  not 
lawfully  erect  a  school  house  upon  public  school  lands  unless  the 
board  acquires  title  to  the  site  the  same  as  title  would  be  acquired 
to  any  other  land. 

Note  16.  Enumeration.  Persons  can  be  enumerated  only  in 
the  district  in  which  they  have  a  legal  residence.  The  legal  resi- 
dence of  a  parent  or  guardian  is  the  legal  residence  of  the  child. 

Where  a  party  resides  at  two  or  more  different  places  during  the 
same  year,  it  appears  by  the  decisions  of  various  courts  that  it  is  a 
privilege  of  said  party  to  determine  which  place  is  his  legal  resi- 
dence unless  he  exercises  his  rights  of  citizenship,  for  instance,  by 
voting  or  attending  caucus  at  one  place  or  the  other.  Such  action 
would  indicate  his  real  intention. 

Note  17.  State  school  fund  not  to  be  used  in  support  of 
private  or  denominational  schools.  Under  section  152  of  article 
Yin  of  the  constitution  no  money  raised  for  the  support  of  public 
schools  of  the  state  shall  be  appropriated  to  or  used  for  the  support 
of  any  sectarian  school.  There  is  nothing  contained  either  in  the 
constitution  or  statutes  which  warrants  any  other  use  of  the  fund 
than  for  the  support  of  the  common  schools. 

Note  18.  Teacher's  permits.  A  permit  to  teach  must  not  be 
issued  to  a  person  under  the  age  of  18  years. 

Note   19.     Certificates,  issuance  of  third  grade.     Under  sei 
tion  742,  Revised  Codes,  a  county  superintendent  may  issue  a  tliL* 


STATE    OF    NORTH    DAKOTA.  ^47 

grade  certificate  to  a  party  who  has  taught  less  than  fifteen  months 
on  a  third  grade  certificate,  irrespective  of  the  number  of  third 
grade  certificates  that  may  have  been  previously  issued  to  said 
party. 

Note  20.  Teacher's  contract  not  affected  by  change  in 
organization  of  district.  A  contract  made  and  entered  into 
between  a  general  school  district  and  a  teacher  is  not  modified  by 
reason  of  reorganization  of  said  general  district  into  a  special 
district  during  the  time  for  which  the  contract  was  made,  and  the 
district  is  not  relieved  from  the  fulfillment  of  the  obligation. 

Note  21.  Teacher's  salary  when  school  closed  on  account 
of  quarantine.  If  under  the  general  quarantine  regulations  a  school 
be  closed  in  due  form,  the  teacher's  right  to  collect  pay  for  the  time 
school  was  closed  is  governed  by  the  general  laws  relating  to  em- 
ployer and  employee.  During  the  time  said  school  is  closed  the 
teacher  is  under  contract  subject  to  the  pleasure  of  the  board,  and 
during  the  existence  of  such  contract  is  unable  to  be  a  party  to 
another. 

Note  22.  Teacher's  report  and  salary.  A  teacher  is  entitled 
to  pay  at  the  close  of  each  month's  work,  except  for  the  last  month 
in  any  term,  when  the  same  may  be  withheld  until  correct  reports 
are  made  and  filed  by  the  teacher,  as  provided  by  section  748 
Revised  Codes.  This  section  does  not  authorize  the  withholding 
of  the  teacher's  wages  for  any  other  month  in  the  term. 

Note  23.  Section  778  requires  the  certificate  of  the  county  aud- 
itor in  addition  to  section  187  of  the  constitution  and  other  statutes 
as  to  the  issue  being  within  the  debt  limit.  Section  2057  requires 
also  a  certificate  of  the  treasurer.  These  are  applicable  to  special 
and  independent  districts  as  well  as  general  districts. 

Note  24.  Treasurer's  bond.  In  a  special  school  district  the 
treasurer  of  the  city,  town,  or  village  is  treasurer  of  the  board  of 
education.  By  reason  of  being  under  bond  as  treasurer  of  a 
municipal  corporation  he  is  not  relieved  thereby  from  giving  bond 
as  treasurer  of  said  school  district,  under  section  805,  Revised 
Codes. 

Note  25.  Aliens  not  entitled  to  a  certificate  or  permit. 
Under  section  842  a  county  superintendent  is  forbidden  to  issue  a 
certificate  or  permit  to  teach  to  any  party  who  is  not  a  citizen  of 
the  United  States  unless  he  has  resided  in  the  United  States  one  year 
last  prior  to  the  time  of  such  application  for  such  certificate  or 
permit.  A  declaration  of  citizenship  alone  does  not  entitle  one  to 
either  certificate  or  permit. 

Note  26.  Section  309  provides  for  the  designation  of  an  ac- 
counting officer  for  each  public  institution  and  defines  his  duties. 

Note  27.     Sections  5124  and  5125  pertaining  to  holidays  are  as 


*rf  §  5124.     Holidays.     Holidays  are  every  Sunday;  the  first  day 
1Z(>f  Januarv,  which  is  New  Year's  day;  the  twelfth  day  of  February, 


148  GENERAL     SCHOOL     LAWS, 


which  is  the  birthday  of  Abraham  Lincoln;  the  twenty-second  day 
of  February,  which  is  the  birthday  of  George  Washington;  the 
fourth  day  of  July,  which  is  the  anniversary  of  the  Declaration  of 
Independence;  the  twenty -fifth  day  of  December,  which  is  Christ- 
mas day;  the  thirtieth  day  of  May,  which  is  Memorial  day;  every 
day  on  which  an  election  is  held  throughout  the  state,  and  every 
day  appointed  by  the  president  of  the  United  States  or  by  the  gov- 
ernor of  this  state  for  a  public  fast,  thanksgiving  or  holidav. 

§  5125.  When  following  day  holiday.  If  the  first  day  of 
January,  twelfth  day  of  February,  the  twenty-second  day  of  Feb- 
ruary, the  fourth  day  of  July,  the  thirtieth  day  of  May,  or  the 
twenty-fifth  day  of  December  falls  upon  a  Sunday,  the  Monday  fol- 
lowing shall  be  the  holiday. 

Note  28.  Section  340  relating  to  bonds  by  officers,  is  as  follows: 
Sec.  340.  Each  civil  officer  elected  by  the  people  or  appointed 
by  the  governor  or  by  any  other  authority,  provided  by  law,  except 
the  governor  and  the  officers  and  members  of  the  legislative  assem- 
bly, judges  of  the  supreme  and  district  courts,  county  commission- 
ers, court  stenographer,  the  mayor  and  aldermen  in  cities,  the  pres- 
ident and  trustees  in  villages,  but  including  township  treasurers, 
clerks,  justices  of  the  peace,  and  constables,  shall,  before  entering 
on  his  duties,  give  a  bond  conditioned  for  the  faithful  and  impartial 
discharge  of  the  duties  of  his  office,  (naming  it  fully),  and  render 
a  true  account  of  all  moneys  and  property  of  every  kind  that  shall 
come  into  his  hands  as  such  officer  and  pay  over  and  deliver  the 
same  according  to  law. 

Note  29.  Section  342  relating  tc  approval  of  bonds  is  as  follows: 
§  342.  Approval  of  bonds.  The  bonds  of  all  state  and  district 
officers  shall  be  given  to  the  state,  shall  be  approved  by  the  gov- 
ernor as  to  sufficiency,  and  by  the  attorney  general  as  to  form 
and  such  bonds  and  a  duplicate  original  of  the  oaths  of  all  such 
officers  shall  be  deposited  in  the  office  of  the  secretary  of  state. 
The  secretary  of  state  shall  keep  a  book  in  which  shall  be  made  a 
correct  copy  of  such  bond,  which  shall  be  called  the  "bond  record" 
and,  when  such  bonds  shall  have  been  recorded,  they  shall  be 
deposited  writh  and  kept  on  file  in  the  office  of  the  state  treasurer, 
except  the  bond  of  the  state  trasoirer  which  shall  be  deposited  with 
and  kept  on  file  in  the  office  of  the  state  auditor.  The  secretary  of 
state  and  state  treasurer  on  receipt  of  such  bonds  shall  issue 
a  receipt  therefor  and  such  receipt  shall  be  filed  in  the  office 
of  the  state  auditor.  The  bonds  of  all  county,  township  and 
municipal  officers  shall  be  given  to  the  county ;  those  of  all  county 
and  municipal  officers  under  the  county  shall  be  approved  by  the 
state's  attorney  as  to  form  and  by  the  board  of  county  commission- 
ers as  to  sufficiency,  and  such  bonds  and  a  duplicate  original  of  the 
oaths  of  office  of  all  other  such  officers  shall  be  filed  with  the  county 
auditor,  except  the  bond  and  oath  of  such  auditor,  which  shall  be 
filed  with  the  clerk  of  the  district  court  for  the  county  or  judicial 


STATE    OP    NORTH    DAKOTA.  149 

subdivision.  The  bonds  of  township  officers  shall  be  approved  by 
the  chairman  of  the  board  of  supervisors  of  the  township. 

Note  30.  The  use  of  lignite  coal  is  made  obligatory  by  the  follow- 
ing section: 

§  1030.  Public  institutions  to  use.  The  various  state  insti- 
tutions, county  buildings  and  public  schools  of  this  state  shall  use  for 
fuel  native  or  lignite  coal,  and  it  shall  be  unlawful  for  any  officer  to 
purchase  for  use  in  such  institutions,  county  buildings  and  public 
schools  any  coal  other  than  that  taken  from  the  mines  within  the 
boundaries  of  this  state.  This  section  shall  not  be  construed,  how- 
ever, as  prohibiting  the  use  of  wood  at  such  institutions,  county 
buildings  and  public  schools,  when  the  cost  thereof  does  not  exceed 
that  of  native  coal. 

Note  31.  Section  370  authorizes  the  superintendent  of  public  in- 
struction and  other  state  officers  to  appoint  deputies  and  prescribes 
manner  of  appointment. 


150  GENERAL  SCHOOL  LAWS, 


APPENDIX    E 


SCHOOL  CALENDAR 

JANUARY. 

First  Monday  (odd  numbered  years) — Terms  of  office  of  state  sup- 
erintendent and  county  superintendent  begin.  Section  638. 

Second  Tuesday — Kegular  meeting  of  district  school  board. 
Section  681. 

FEBRUARY. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

MARCH. 

Second  Friday — County  examination  for  teachers.      Section  740. 

APRIL. 

Second  Tuesday — Kegular  meeting  of  district  school  board. 
Section  681. 

MAY. 

Last  Friday — County  examination  for  teachers.      Section  740. 
Third  Monday — Apportionment  of  state  tuition  fund.     Section 
711. 

JUNE. 

District  clerks  to  take  enumeration  before  June  20.      Section  707. 

At  least  fifteen  days  before  third  Tuesday — District  school  board 
designates  polling  place  and  causes  three  notices  of  election  to  be 
posted.  Section  674. 

Third  Tuesday — Annual  school  election  at  2  p.  m.  Sections  670 
and  674. 

Within  five  days  after  annual  election — Clerk  to  furnish  each 
person  elected  a  written  notice  of  election.  Section  677. 

Within  ten  days  after  annual  election — District  clerk  forwards 
to  county  superintendent  a  certified  list  of  all  officers  elected. 
Section  677. 

Thirtieth — School  year  ends.      Section  749. 


STATE    OF    NORTH    DAKOTA. 


JULY. 

1st — School  year  begins.      Section  749. 

1st — Assessor  furnishes  school  district  clerk,  county  superin- 
tendent and  auditor  the  amount  of  assessed  valuation.  Section 
724. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 

Second  Tuesday — District  school  board  organizes  and  elects  a 
president  and  clerk.  Section  680. 

Second  Tuesday  (on  or  before) — School  treasurer  gives  bond  and 
qualifies.  Section  684. 

Before  20th — District  school  board  and  board  of  education  levy 
tax.  Section  699  and  721. 

Immediately  thereafter — -District  clerk  and  clerk  of  board  of 
education  notify  county  auditor  the  amount  levied.  Sections  721 
and  801. 

AUGUST. 

15th  (on  or  before) — County  superintendent  transmits  annual 
report  to  superintendent. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

Last  Friday — County  examination  for  teachers.      Section  740. 

OCTOBER. 

Second    Tuesday — Regular    meeting    of    district    school    board, 
section  681. 
Last  Friday — County  examination  for  teachers.     Section  740. 

NOVEMBER. 

1st — (On  or  before,  in  even  numbered  years) — Superintendent 
makes  report  to  the  governor.  Section  635. 

First  Tuesday  after  first  Monday  (in  even  numbered  years) — 
Election  of  superintendent  and  county  superintendent.  Sections 
622  and  638. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

DECEMBER. 

1st — Special  and  independent  districts  make  enumeration  of 
school  children  in  the  district.  Section  707. 

Before  20th — District  clerk  and  clerk  of  board  of  education  for- 
ward to  county  superintendent  enumeration  of  school  children. 
Sections  707  and  716. 

31st — (On  or  before  in  even  numbered  years) — The  report  of  the 
state  superintendent  is  printed.  Section  636. 


INDEX. 


Section  Page 

ACCOUNTS— 

County  treasurer  to  keep  with  school  corporations.  ...     719  42 

Form  of,  for  district  treasurer   717  41 

ACTION— 

Attorney   General   begins   to   collect  on   investments, 

when    175  111 

Child  labor,  for  employment  of,   how  brought.  ..  .762,  764  56,    57 

Compulsory    attendance    law,    for    violation    of,    how 

brought   761,  764  56,    57 

District  treasurer  refusing  or  neglecting  to  pay  funds  770  58 

who  may  institute   689  32 

Trespass  upon  school  and  public  lands 229  125 

ADJUTANT  GENERAL— 

Muskets,  to  furnish  for  university  -. 896  90 

ADJUSTERS— 

(See  Board  of  Adjusters.) 
ADVERTISING— 

(See  School  and  Public  Lands.) 
AGE— 

Requisite,  for  holding  county  certificate   740,  741  49 

Requisite  for  holding  county  certificate,  first  grade  .  .     742  50 

Requisite,  for  holding  normal  certificate  738  48 

School,    compulsory    attendance    759  55 

deaf   children    759  55 

AGENT— 

(See  Commissioner  of  University  and  School  Lands.) 

AGRICULTURAL  COLLEGE— 

Board  of  trustees,  appointment  of 936 

compensation    of    •  • 938  95 

duties    939  96 

experimental    station,    conducts    939  96 

directs   947  97 

faculty,   employs    939 

funds,    duty    regarding    939  96 

meetings   938  95 


154  INDEX. 


AGRICULTURAL  COLLEGE— Continued. 

Board  of  trustees,  oath  of  office  937  95 

officers  of   ; 938  95- 

report,    to    make    ? 945  97 

salaries,   fixes    941  96 

superintendent  of  construction,  employs  939  96 

term  of   936  95 

Course  of  instruction  in   940  96- 

Experimental  station,  grants  by  congress  accepted  . . .  948  97 

objects  of  947  97 

reports    of    945  97 

Faculty,   how  constituted    942  96: 

president's   duties    943  97 

reports,  to  make   944  97 

Graduates  may  receive  honorary  degrees  946  97' 

Land  grants^  for,   accepted    948,  949  97,    98' 

Location  of  * 934  95 

Management  of    935  95 

Reports  of  officers  and  how  distributed  944,  945  97 

Treasurer,  bond 937,  950  95,   98 

not  to  be  a  member  of  board  of  trustees. 937  95 

ALIEN— 

Certificate  not  to  be  granted  to  742  50 

ANNEXATION— 

County  commissioners  may  annex  districts,  when. 662,  663  25. 
APPEAL— 

Superintendent  of  public  instruction  prescribes  form 

of    629  18 

To  county  superintendent,  from  decision  of  school  offi- 
cers or  boards   644  21 

oath,  may  administer  on  (Note  2,  p.  143.)    645  21 

To   superintendent  of  public   instruction    629,  644  18,    21 

examination,   applicant  for  certificate   741 

notice  of  to  be  given 741  49- 

requirements    644  21 

APPORTIONMENT— 

County  tuition  fund,  county  superintendent  makes . . .  722  44 

State  tuition  fund,  county  superintendent  makes   ....  647 

superintendent  of  public  instruction  makes,  when..  711  39 

Tuition  funds,  basis  of  (see  Funds.)   715  41 

APPRAISAL— 

(See  Board  of  Appraisers.) 

APPROPRIATION 

Aid  for  classified  high  schools    870 

Board  of  university  and  school  lands,  expenses 235  127 

Bonds,  interest  on  and  expense  of  purchase  by  board 

of  university  and  school  lands    178  111 

Geological  survey    904a 

School  lands,  lease  of,  advertising,  etc 234a  126 

State  educational  library    866 

State  institute  fund 756  54 

Superintendent  public  instruction,   expenses    637 

Traveling   libraries     625 

University,  maintenance   904b  91 


INDEX.  1S5 


ARBITRATION- 

Law  of,  applicable  to  all  districts   735                   47 

In  certain  cities  862                    81 

(See  Board  of  Arbitration.) 

ASSESSMENT— 
(See  Taxes.) 

ASSESSORS— 

Deaf  and  dumb  children  reported  by 961                   99 

Maps  of  school  districts  furnished   by  county  super- 
intendent      643                    21 

School  and  public  lands,  to  report  on 213                  121 

Valuation  to  furnish  district  clerk 724                    45 

ATTENDANCE— 

Compulsory,  age  for  759  55 

length  of  time  required  759  .  55 

when  required  759  55 

who  exempt  759  55 

Penalty  for  failure  to  comply  with  law  760  56> 

for  failure  of  officers  to  enforce  law 761  56 

ATTORNEY  GENERAL- 

Board  of  university  and  school  lands,  member  of....  169                  108 
Funds,  permanent  and  institution,  institutes  civil  ac- 
tion to  collect , 175                  111 

Prosecutes  for  trespass  on  school  and  public  lands...  233                  126 

AUDITOR— 

(See  State  Auditor  and  County  Auditor.) 

BANK— 

Bond  as  depository  for  sinking  fund  779                    60* 

BIBLE— 

Not  sectarian  book 754    .                53- 

BLANKS— 

County  superintendent  to  distribute  641                    20- 

Superintendent  of  public  instruction  to  prepare   625 

BLIND  ASYLUM— 

Board  of  trustees,  appointment  of  968                  102 

compensation  of 970                  103 

duties   of    972                  103 

meetings   970                  10a 

oath  of  office 969                  loa 

organization   of    969 

quorum  969 

reports  to  make  973       104 

term  of  968       102 

Land  grants,  proceeds  of,  appropriated  for 971                  103- 

Location  of   967 

Management  of    967                  102 


156  INDEX. 


BLIND  CHILDREN— 

Governor  to  provide  care  and  instruction  for 973a 

BOARD  OP  ADJUSTERS- 
HOW   composed    725 

Levies  "tax  to  pay  indebtedness  of  district,  when  ....  725 

BOARD  OF  APPRAISERS— 

Appraisal    to    make,    when    183,  218 

time  in  which  made  after  receiving  notice 183 

Compensation  of    183,  218 

County  superintendent  member  of    650 

fees    650 

Members  of   183 

Penalty  for  making  false  report  183 

Report  of  appraisal,  to  make   183 

BOARD  OP  ARBITRATION— 

Appointment  of   731 

County  superintendent  member  of   731 

County  treasurer  member  of,  when   731 

Duties  of    732 

Law  applicable  to  all  districts  735 

Special  districts   807 

Tax   levied    by 733,  735 

collection  of ^ 734 

JBOARD  OP  EDUCATION— 

Closets  and  privies  to  furnish  874 

Compulsory  attendance,  duties  regarding 759 

Flag,  to  purchase    865 

Text-books,  may  furnish,  free  863 

Cities   other  than   independent  and   special   districts, 

election  of,  in  856 

how    conducted    858 

officers  serve  until,  when 861 

term  of 857 

Independent    districts,    bonds,     determines    issue    of. 

in   .< 842,  846 

books,  furnishes  when 846 

census  to  take  843 

compensation,   not  to   receive   836 

contracts,  member  not  to  be  interested  in  836 

duties  and  powers,  generally   839,  846 

election  of   832 

how  conducted   833 

meetings    837 

members  to  visit  schools   847 

oath  of  office 835 

officers  of   835 

official   designation  of    835 

ordinances  and  regulations,  reports  on  to  city  coun- 
cil     846 

penalty  for  refusal  to  serve  on  854 

powers  of   846 

pupils,  suspension  and  expulsion  of  846 

quorum    832 

records  of  received  in  court  .  838 


INDEX. 


157 


BOARD  OF  EDUCATION.— Continued. 

Independent  districts,  revenues,  duties  as  to  expendi- 
tures of  : 849  78 

seal   of    838  75 

secretary,  election  of 838  75 

compensation  fixed  by  board   838  75 

duties   of    838  75 

tax  levied  by  839  75 

purposes  for  which  levied    839  75 

term  of   832  73. 

tuition,  may  charge  non-resident  pupils   848  78 

vacancy  in,  how  filled 834                 ,  74 

Special  districts,  to  take  census  in 716,  797  41,    65 

clerk,  appointment  of   794  65 

compensation  of  794  65 

duties    of    796  65 

contracts,  members  not  to  be  interested  in 792  64 

how  made   802  67 

election  of 790,  808  64,   69- 

election,  appoints  officers  of 811  69 

designates  polling  places  for    811  69 

notices  of   809,  810  69 

meetings  of   793  65 

office,  term  of   791  64 

officers  of  794  65 

when  chosen 794  6& 

powers  and  duties,  generally  797  65 

president,  duties  of  795  65 

property,  may  require  transfer  of  788  64 

control  of  after  equalization 806  68 

,      pupil,  may  expel  or  suspend   797  65 

quorum    791  64 

report  to  county  superintendent 797  65 

schools,  supervision  of 799  67 

seal  787  63 

superintendent,  may  employ  797  65 

tax  levies,  when  801  67 

taxes,  may  refund  or  correct,  when  720  43 

teacher,  may  exact  qualifications  for  when 797  65 

term  of  office 808  69 

territory,  may  attach  to,  when 786  63 

treasurer  of  city,  ex-officio  803  67 

tuition,  may  charge   797  65 

vacancy  in  office,  how  filled  814  70 

BOARD  OP  MANAGEMENT  OP  NORMAL  SCHOOLS— 

Appointment  of    909  92 

Commission    910  92 

Compensation  of   911  92 

Duties  and  powers  of   914  93" 

How  constituted  908  92 

Management  of  schools,  by    907  92 

Oath   909  92 

Officers   of    909  92 

Term    of    909  92 

(See  also  Normal  Schools.) 


158  INDEX. 


Section 
BOARD  OP  TRUSTEES— 

Agricultural  College,  appointment  of  936 

compensation     938 

duties    939 

meetings   938 

oath   of  office    937 

officers 938 

term    936 

(See  also  Agricultural  College.) 

Blind  Asylum,  appointment  of  968 

compensation    970 

duties  972 

meetings   970 

oath  of  office   969 

officers 969 

term 968 

(See  also  Blind  Asylum.) 

Deaf  and  dumb  asylum,  appointment 952                   98 

appointment   952 

compensation    958                    99 

duties    956                    99 

meetings 953                    98 

oath   954                    98 

officers    953                   98 

term   952                    98 

(See  also  Deaf  and  Asylum.) 

Industrial   School,   appointment    976                 104 

bond   978                  105 

compensation 977                  105 

meetings    977                  105 

oath   978                  105 

officers  977                  105 

term  976                  104 

(See  also  Industrial  School.) 

Normal  Schools,  appointment    908                    92 

commissions    910 

compensation   910 

governor,  member   908 

meetings   911                   93 

oath    909                    92 

officers   908,  910                    92 

superintendent  of  public  instruction,  member  908                   92 

term   909                    92 

(See  also  Normal  Schools.) 

University,  appointment   877 

compensation 891                    89 

meetings 879,  880                    86 

officers   878                    86 

powers  and  duties  878,  881 

quorum 879 

reports,  to  make  883 

secretary,    duties    878 

term  876                    85 

(See  also  University.) 

BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

Advertising,  approves  bills  for 234                  126 

Agent,  may  appoint  for  selecting  and  leasing  land 170                  109 


INDEX. 


159 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS.— Con^mTed. 

Appraisal,  new,  ordered  when  195  ng 

to  equalize    218  122 

Appropriation  for  expenses  of  235  127 

Bonds,  appropriation  for  interest  on  and  expense  of 

purchase  of  178  m 

Bonds,  may  purchase  172  109 

Certifies   to   governor    fulfillment   of    contract   before 

patent  to  issue   205  118 

Commissioner  of,  appointment,  bond 170  109 

custodian  of  abstracts  and  conveyances  214  121 

deputy  appoints  with  consent  of   181  112 

duties    184,  234b       112,    127 

leases  of  lands,  to  conduct  221  123 

term    180  112 

vacancy    179  m 

Contracts,  may  cancel,  when 200  117 

Control  of  school  and  public  lands 170  109 

-County  auditor  certifies  sales  to 190  115 

County  commissioners,  notification  by,  of  funds  to  fix 

bond  of  county  treasurer 209  120 

Expenses,  appropriation  for   235  127 

incidental,  how  paid   177  111 

Funds,    permanent   school   and   institution,   authority 

to  invest    172  109 

how   invested    172  109 

subject  to  order  of 174  111 

Lands,  causes  to  be  appraised,  when  . . . . *...„..  183  112 

certified  for  sale 184  113 

commissioner  controls,  subject  to   182  112 

list  of  sold,  to  be  furnished  county  treasurers   212  120 

may  withdraw  offers  to  sell  when 189  115 

subdivided  by  when    194  116 

Leases,  advertisement  of  lands  for 220  123 

approval  of    224  124 

confirmation  of  and  contracts  for 224  124 

selection  of  lands  for 234b  127 

Members  of,  who  are 169  108 

Meetings  at  which  school  funds  may  be  invested   ....  172  109 

regular 171  109 

special   171  109 

Officers  of  169  108 

Patents,  issuance  of  under  seal   205  118 

Permanent  and  institution  funds,  invests 170  109 

Permits,  may  sell  to  cut  hay  or  remove  down  timber.  228  125 

Powers  of,  generally   170  109 

Quorum   171  109 

Real  property,  controls  grant  of  1883  170  109 

Records,  bonds   173  110 

mortgages    173  110 

open   for  inspection    173  1 10 

permanent  funds    173  110 

signed  by  officers    173  110 

Sales  of  school  and  public  lands,  approves 191 

offers  for  resale,  when 201 

postponement  of,  when   188  114 

to  publish  notice  of 185 

Secretary,  reports  of  investments  of  permanent  funds.  173  110 

records  to  keep   173  *  110 

,  School  funds,  mortgages,  amount  of  permanent  funds 


160  INDEX. 


Section  Page- 
BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— Continued. 

School  funds,  to  be  loaned    172  109 

appraised  value  of  lands  as  security 172  109 

may  be  paid,  when   172  109 

loans  made  on,  time  to  run  172  109 

vote  to  invest,  how  taken   172  109 

State  treasurer  to  collect  permanent  school  and  insti- 
tution funds    175  111 

to  keep  permanent  and  institution  funds  subject  to 

order  of  174  111 

to  keep  register  of  bonds  purchased  by 176  111 

Surveys  may  order,  when   193,  194  116 

BONDS— 

Appropriation  for  interest  and  expenses  of  purchase 

of  by  board  of  university  and  school  lands 178  111 

Bank  to  give  as  depository  for  sinking  fund 779  60 

Contractor  to  furnish  for  building  school  house 783  62 

Industrial  school,  board  of  trustees  may  issue 980  107 

Official,  board  of  trustees,  Industrial  school  978  105 

commissioner  of  university  and  school  lands 170  109 

deputy   181  112 

county  superintendent  of  schools  (note  28,  p.  148) . .  340  148 

amount  (note  2,  p.  143)    343  143 

approval  (note  29,  p.  148)    342  148 

county  treasurer   to   give  for  funds  received  from 

sale  of  school  and  public  lands 209  120 

duty  of  county  audftor  regarding   689 

school  officers,  where  filed 689  32 

treasurer    684  31 

amount  of 684  31 

approval  of    684 

treasurer  city,  to   give  as  treasurer  of   board  of 

education  in  independent  districts 844  77 

treasurer  city,  town  or  village  to  give  as  treas- 
urer board  of  education  in  special  districts  ....  805  68 
superintendent  public  instruction  (Note  2,  p.  143.) . .  343 

Public  officers  to  take  from  contractors  4802  133 

School  bonds,  board  of  university  and  school  lands 

may  purchase    172  109 

certificate  of  county  auditor  must  be  attached  to 778  59 

form  of 778  59 

certificate  of  debt  limit  necessary  (Note  23,  p.  147)  2057  147 
state  treasurer  custodian  of,  purchased  by  board  of 

university  and  school  lands   174  111 

general  district,  authority  of  board  to  issue,  when  . .  775  58 

cancellation  and  record  of 782  62 

certified  copy  of  proceedings  to  issue  to  be  filed 

with  county  auditor   778  59 

denomination  of  777  59 

election  to  vote  new,  may  not  be  ordered  when.  .  776  59 

notice  to  state  what  776  59 

petition  for  necessary  776  59 

interest,  rate  of  and  when  payable 777 

law  relating  to,  how  applicable  784  62 

limit  of  issue 777  59 

negotiated  how   780  61 

purposes  for  which  may  issue 775  58 

*  record  of    778  59 

sinking  fund  to  be  provided  779  60 


INDEX.  161 


BONDS.-Contmued. 

School  bonds,  tax  levy  made  for,  by  county  auditor, 

when    781  62 

time  to  run 777  59 

independent    district,    amount   to    be    issued    deter- 
mined by  board  of  education 846  77 

authority  of  board  of  education  to  issue  when . . .     842  76 

certificate  of  debt  limit  necessary  (Note  23,  p.  147.)  2057  147 
certified    copy    of    proceedings    to    be    filed  with 

county    auditor    778  59 

denominations   of    842  76 

board  of  education  determines   846  77 

election  to  vote,  notice  of 776  59 

petition    776  59 

interest   payable    when    842  76 

fund  for  payment  of    842  76 

rate   of    842  76 

law  relating  to,  how  applicable   784  62 

purposes   for   whicti   issued    775  58 

records  of 778  59 

sinking  fund    842  76 

refunding,  authorized    775,   824,  842  "  58,    72,    76 

exchanged,  may  be    825  72 

restrictions  on  issue   824,  826  72 

surplus,  transferred,  when   827  72 

tax  levy  made  for  by  county  auditor,  when 781  62 

time  to  run    824,    842  72,    76 

special  districts,  certificate  of  clerk  as  to  debt  limit 

and   issue    816  70 

certificate  of  debt  limit  necessary  (Note  23,  p.  147)  2057  147 

denomination    of    816,   824  70,    72 

election,  called  when 816  70- 

how  conducted   817  71 

notice   of    817  71 

how   issued    816  70 

interest  coupons 821  72 

limit  of  issue   818  71 

property  pledged  for  payment  of 822  72 

refunding,  how  exchanged    825  72 

issuance  of,  by  board  of  education   824  72 

by  election   816  70 

sections  governing    826  72 

premium  received,  how  applied   825  72 

restrictions  on  issue   824,  826  72 

surplus,   transferred   when    827  72 

register  of    823  72 

sinking  fund  investment  of   820  71 

tax  levy  for,  when  made  781,  819  62,    71 

what  to  specify   818  71 

special  provisions  in  cities  and  villages,  issue  of  to 

erect  school  buildings   2474 

election  for,  by  provisions  "of  charter 2475 

by  special,  how  called 2475  131 

how  conducted   2475  131 

notice  to  contain  what  2475  131 

refunding,  authority  to  issue   2483  132 

denomination  of  . 2484  132 

execution  of  by  city  officers   2486  132 

how  issued   2484  132: 


162  INDEX. 


BONDS.-Continued. 

School  bonds,  special  provisions  in  cities  and  villages, 

refunding,  interest  fund  for   2487  133 

refunding,  records  of   2486  132 

sinking  fund  levied  for  '. . . .  2488  133 

restrictions  as  to  sale 2475  131 

BOUNDARIES— 

Conformity  with  congressional  township  lines  660  24 

County  commissioners  may  re-arrange    660,  666  24,    26 

How   changed    667  27 

Independent  districts   831  73 

New  districts 661  25 

Not  changed  when    659  24 

BRANCHES  OF  STUDY— 

Additional,   county  superintendent  determines    698  35 

district  school  board  determines   698  35 

Alcohol,  its  effects   750  52 

Enumerated,  for  examination  for  certificates 741  49 

In  schools  classified  by  high  school  board  868,  869  83 

In  special  districts    797  65 

List  of,  to  be  taught  750  52 

Narcotics,   its  effects    751  52 

CENSUS— 

Board  of  education  takes .     716  41 

Districts  organized  under  special  law    707  38 

General  districts,  when  taken  , 707  38 

Independent   districts,   when  taken    707,843  38,    7('» 

Newly  organized  districts  to  take   714  40 

Report  of,  when  filed   707  38 

Special   districts,  to  take    797  (55 

when   taken    707  38 

Who  to  be  enumerated   707  38 

CERTIFICATE— 

Attendance  at  school  required,  when 762  56 

County  superintendent  grants  on  examination   740  49 

Diplomas  equivalent  to  first  grade 738  48 

Examinations  for,  issuance  of  741  49 

Expiration  of,  teachers  to  finish  term  when 746  51 

Fee    for    county    743  50 

Fees  for  issuance  of  normal  and  professional 739  49 

Graduates  of  universitv  entitled  to  when  889  89 

Normal,  graduates  of  normal  department  of  university, 

etc 738  48 

granted   to  graduates   of   normal  schools 738-922  48,    95 

Professional,  examination  for 737  48 

graduates  of  university  entitled  to,  when 737  48 

may  be  revoked,  when   ' 737-739  48,    49 

requirements  of  applicants  for 737  48 

•Questions  used  in  examination  for,  prepared  by  super- 
intendent of  public  instruction    626  18 

Renewal  of  first   grade    742  50 

Revoked  by  county  superintendent  for  cause  744  51 

Teachers  exempt  from  holding  in  certain  cities 742  50 

must  hold    695-797  34,    G* 


INDEX.  163 


CERTIFICATE.-Continued. 

Teachers  exempt  from  holding  in  certain  cities,  not 

entitled  to  compensation  when  not  holding 746  51 

proceedings    to    revoke    745  51 

Valid    743  50 

When    revoked    (M8  22 

CLERK— 

Board  of  education,  bonds,  certificate  of  debt  limit  to 

make 816  70 

bonds,  register  of  to  keep 823  72 

certifies  election  of  officers  to  county  superintendent  813  70 

duties,  general    790  65 

election  of   794  65 

election,  to  sign  notice  for 80y  69 

salary   of    794  65 

tax  levy,  certifies  to  county  auditor 801  67 

District  school  board  (general  district)  appointment.  .  680  30 

bonds,  cancelled,  duty  regarding 782  62 

record  to  keep  778  59 

certificates  of  election,  issues  to  officers 677  30 

compensation    683  31 

duties  of   683  31 

duty,  penalty  for  neglect  of  765  57 

duty  in  case  of  tie  vote 676  30 

election,  penalty  for  making  false  returns  of 766  »  57 

to  be  clerk  of   675  29 

to  sign  notices  of 674  29 

•enumeration  takes   707  38 

officers,   files   list   of    elected   with    county   superin- 
tendent     ' 677  30 

reports,  makes  annual,  when  707  38 

penalty  for  making  false   722  58 

teachers,  to  be  filed  with  748  51 

tax  levy,  notifies  county  auditor  of  699,  721  35,    43 

vacancy  in  office  of,  how  filled 729  46 

'COLLEGE    OF  ARTS    885,  886  87,    88 

COLLEGE    OF    LETTERS    885,886  87,    88 

COMMISSIONER  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

Abstracts   and    conveyances   of   title   to   be    deposited 

with  ' 214  121 

Appraisal,  prepares  list  for  183 

Appraisement,    directs    183  112 

Appropriation  for  salary  and  expenses  of  office 235 

Contracts,  duty  as  to  cancelled   : 200  117 

Contracts,  of  sale,  executes  182 

issues  new,   for,  when    199  117 

prepares,   when    191 

Deputy,  appointment  and  bond,  of  181  112 

Fees  for  leasing,  collects  234b  127 

Lands    conducts  sale    182,  186        112,    114 

designates  time  of  sale   184  113 

leasings,    conducts    182,  221         112,    12:', 

lists  for  sale  forwarded  county  auditor  when  offered  184  113 

when  sold 207  119 

county  treasurer    212  120 


164  INDEX. 


Section  Page 

COMMISSIONER  OF  UNIVERSITY  AND  SCHOOL 
LANDS— Continued. 

Lands,  maps  of,  for  record,  when  made 196  116 

offers  for  sale,  when  187  114 

Oath  and  bond  of  170  109 

Records  to  keep  182  112 

Report,  makes  through  board  182  112 

Salary    182  112 

School  fund,  determines  amount  to  be  loaned  on  mort- 
gages    172  109 

Seal  of  office    182  112 

Seizes  property  in  case  of  willful  trespass 231  126 

Surveys,  causes  to  be  made  when  194  116 

Term   179  111 

COMMISSIONERS  ON  PREPARATORY   SCHOOLS— 
(See  High  Schools  and  High  School  Board.) 

COMPULSORY  ATTENDANCE— 
(See  Attendance.) 

CONSOLIDATION   OF   SCHOOLS— 
(See  Schools  and  Election.) 

CONTRACTS— 

Advertising,  to  let,  when   774  58 

Board  of  education  not  to  be  interested  in   792-836  64,    75 

Industrial  school,  trustees  not  to  be  interested  in...  979  106 

Lands,  assignee  may  have  same  rights  as  purchaser  of  198  117 

commissioner  university  and  school  lands,  duties.  .  182  112 

division    of 199  117 

sale   of,   entitles  possessor  to   what   197  116 

lien   executed    191  115 

voidable,    when    200  117 

School  corporations  may  enter  into 668  27 

School  houses,  not  to  be  let  without  advertising 783  62 

Sealed  bids  for,  when  required    %  .  802  67 

Teachers,  certificates,  not  required  to  hold  in  certain 

cities  to  make 742  50 

must  be  in  writing   695  34 

terminated  by  revocation  of  certificate 744  51 

to  contain  provisions  as  to  discontinuance 704  36 

void,   except  in  certain  cities    742  50 

Text    books    863  81 

To  be  in  writing,  when 802  67 

COURSE  OF  STUDY— 

(See  Superintendent  of  Public  Instruction,  Schools.) 

COUNTY   AUDITOR— 

Board   of  adjusters,   member  of   725  45 

Board  of  appraisers,  member  of  183  112 

Bond  district  treasurer,   filed  with 689  32 

Bonds  of  school  districts,  to  certify  to 778  59 

Deaf  and  dumb  children,  reports  number  to  principal 

of  school  for   961  99 

District  clerk,  notified  by,  when  funds  paid  to  district 

treasurer  718  42 

to  notify  of  tax  levy    699  35 


INDEX.  165 


COUNTY  AUDITOR.— Continued. 

Institute  funds,  draws  warrants  on    646  22 

Leasing  school  and  public  lands,  compensation  for.  .  221  123 

duty  as  to    224  124 

Plats  of  districts  to  furnish   669  27 

Proceedings  of  board  in  organization  of  districts  re- 
corded by    669  27 

Receipts  for  collection  of  school  funds,   to  forward 

duplicate   211  120 

Sales  of  school  and  public  lands,  compensation  for. .  190  115 

duties    regarding    190  115 

execution    of    contracts    191  115 

to  give  notice  of    185  113 

Tax,  levy  of  independent  districts,  extends 840  75 

of  special  districts,  extends    801  67 

levied  by  board  of  arbitration,  duties 733  47 

levies  poll  and   two   mill    722  44 

levies  to  pay  bonds,  when   781  62 

notice  of  levy  to  be  mailed  to 721  43 

Training  school  fund,  duties   757  54 

Tuition  fund,    certifies  amount   of   county  to   county 

superintendent    722  44 

COUNTY    COMMISSIONERS— 
Approves   bond   of  county   superintendent    (Note  29, 

p.  148.)   342  148 

Chairman  of  board,  member  board  of  appraisers   ....  183  112 

Deaf  and  dumb  children,  may  provide  transportation 

and  levy  tax  for,  when  963  100 

Districts,   boundaries   of,  rearranged   by    666  26 

divided  by,  when    662,  663  25 

may  detach  territory  from  special  on  petition 786  63 

to  change  boundaries  of,  on  petition 667  27 

to   organize  on   petition    660  24 

Fund,  institute  may  appropriate  for 758 

Office  for  county  superintendent  to  furnish 651 

Vacancy  in  office  of  county  superintendent  fills 727  46 

COUNTY    SUPERINTENDENT— 

Appeals,  from  decision  of  to  superintendent  of  public 

instruction 64$,  644  20,    21 

Apportions  county  tuition  fund   722 

poll  tax  722 

state  tuition  fund    . . . . : 715  41 

Blanks,    distributed   by    641  20 

provide  for,  at  expense  of  county  80S 

Board    of   adjusters,    member    of 72.")  45 

Board  of  appraisers,  member  of   183 

Board  of  arbitrators,  member  of 731 

Board   of   education,   report  to 797  65 

Bond,  amount  (Note  28,  p.  148,  Note  2,  p.  143.) 340,  343 

approved    (Note  29,    p.    148) 342 

approves   district   treasurer's,   when    684 

Census,  report  of  newly  organized  districts 714  40 

Certificate,  teacher's,  revoked  by,  when   744 

notice  of,  to  be  given  district  clerk   744  51 

Classification  by  teacher,   to  decide,  when 75: j 

Deputy,   appointment   of    652 

Districts,  assists  in  rearrangement  of  boundaries,  of.  666  26 

duties  in  organization  of   660  24 


166  INDEX. 


COUNTY   SUPERINTENDENT.— Continued. 

Districts,   high  school,  duties  regarding   70(5  37 

treasurer,  to  begin  action  against  on  bond,  when..  689  32 

to  require  additional  bond,  when    685  31 

Duties,  refusal  to  perform,  penalty 306                  130 

Election,  clerk  certifies  to,  in  special  districts 638,  813            20,    70 

duties  regarding  first,  for  officers   671  28 

Examination  for  teachers'   certificates,  conducts    ....  740  49 

Expenses,    office    651,  652  22 

Fees  collected,  disposal  of 646  22 

General  duties   639,  640  20 

Institute  fund,  county,  report  to  make  to  superintendent 

of   public    instruction    641,  755            20,    54 

Instructions   of  superintendent  of  public  instruction, 

duty    regarding    641  20 

Maps  of  districts,   when  furnished 643  21 

Meetings   of,   with   superintendent  of   public   instruc- 
tion      632  19 

Mileage    652  22 

Notice  of  institute  and  training  school,  to  give 751  52 

Office,  cause  for  removal  from 656  24 

who  may  hold    (572  29 

Officers,appoints  for  first  election    671  28 

meetings   with    643  21 

Permus   may   issue    741  49 

Profession,  not  to  engage  in,  when 655  2£ 

to  engage  in,  permissible,  when 657  24 

Qualifications    653,    654,  672            23,   29 

Records,  school  visits  to  keep 640,  642            20,    21 

Report  to  superintendent  of  public  instruction 649  22 

Salary  of,  not  paid  until  report  made  out 649,  652  22 

.  Seal    642  21 

Schools,  jurisdiction   639  20 

in  special   districts    799  67 

visitation   of    640  20 

School    lands,    member    of    board    of    appraisers.  .183,  650           112,    22 

Teachers,  meetings,  to  hold   641  2O 

reports,   duties  regarding    748  51 

Teaching,  not  to  engage  in 654,  657            23,    24 

Term   of  office   of 638  2O 

Tuition  fund,  apportions    647,  715            22,    41 

Vacancies,    fills  in  office   of   director 728  46 

district  treasurer 728  46 

in  office  of,  how 727  46 

Who  not  qualified  to  vote  for  638    f  20 

COUNTY  TREASURER— 

Account  to  keep  with  school  corporations   719  42 

Board  of  adjusters,  member  of  725 

Board  of  arbitration,  member  of  731  46 

Bond  to  give  for  funds  from  sale  of  school  and  public 

lands 209                   12O 

Deaf  and  dumb  children,  collects  for  clothing  furnished  962  99 

District  treasurer,  performs  duties  of,  when 684  31 

Fees  entitled  to  for  collection  of  funds  from  sale  of 

school  and  public  lands  210                  120 

Funds    due   independent   districts,    paid   to    treasurer, 

when    843  76 

Funds  paid  to  district  treasurer,  notice  to  be  given. . .  718  42 

Institution  fund,  keeps 646  22 


INDEX, 


COUNTY  TREASURER.-Continued. 

Permits  to  cut  hay  or  sell  down  timber,  sells 228  125 

Taxes  collected  by,  for  district 720  43 

Tuition  fund,  reports  to  state  auditor 711  39 

collection  of    711  39 

DEAF   AND    DUMB— 

Assessors  to  report  to  county  auditor 961  99 

DEAF  AND  DUMB  ASYLUM— 

Board  of  trustees,   appointment    952  98 

compensation    958  99 

duties   and    powers    956  99 

funds,  control   955  99 

meetings   953  98 

members  to  take  oath   954  98 

officers  953  98 

duties  954  98 

organization  953  98 

quorum    953  98 

reports 966  101 

.     term  of  office    953  98 

Children  required  to  attend    759  55 

Clothing  for  children,  when  furnished   962  99 

Faculty,  matron's  duties 965  101 

principal's   duties    964  100 

qualifications    964  100 

salaries 964  100 

Location    951  98 

Transportation    of    children    to,    when    provided    by 

county   commissioners    963  100 

Tuition  charged  non-resident  children   959  99 

free  960  99 

DEBT  LIMIT- 

Debt  limit    818  71 

(See  also  Bonds.) 

DEBTS— 

Independent    districts   assume    of    old,    out   of   which 

formed    855  80 

DEEDS— 

(See  Board  of  University  and  School  Lands.) 

DEPOSITORIES— 

Sinking  fund,  how  designated  779  60 

DEPUTY— 

Commissioner  of  university  and  school  lands 181  112 

County  superintendent   652 

Superintendent  of  public  instruction,  (Note  30,p.  149.) 

DIPLOMA— 

(See  Normal  School.) 
(See  University.) 


168  .INDEX. 


DIRECTOR- 

Election G70  28 

Term   GTU  28 

Vacancy  in  office  of,  how  filled   728  46 

DISTRICT  CLERK— 

(See  Clerk  School  Boara,  General  District.) 
DISTRICT  HIGH  SCHOOLS— 

(See  High  Schools,  High  School  Board.) 
DISTRICT  SCHOOL  BOARD— 

Action  against  for  permitting  funds  to  be  expended, 

when 709  39 

Apparatus  and  supplies  to  furnish    094  33 

Bonds  to  issue,  when  775  58 

Branches  of  study,  determines  what  additional 098  35 

Census  to  take 707  33 

Closets  and  privies  to  furnish   874  85 

Contract,  dismisses  teacher  for  violation  of 695  34 

Dictionary  to  furnish   694  33 

District  high  school,  management  of 706  37 

District  treasurer,  action  on  bond  by 689  32 

Election,  called  by,  on  petition  to  establish  school  ....  703  36 

called  to  establish  district  high  school 706  37 

calls  to  vote  on  consolidation  of  schools 704  36 

called  by  to  vote  on  school  houses  and  sites  ....  701,  703  35,    36 

Flag,  to  purchase   865  82 

General  duties 691  33 

Liability   of  for   permitting   other   than   English    lan- 
guage to  be  taught  ^ 709  39 

Library,  may  establish,  arid  pay  for  without  vote,  when  694  33 

Meetings  of   681  31 

Officers  of 680  30 

Organization  of    680  30 

Pupils,  assignment  and  distribution  of  among  schools.  696  34 

expulsion  of 697  34 

non-resident,  may  admit  096  34 

suspension   of   697  34 

Real  property,  extent  of  to  hold,  and  title  to,  how  ac- 
quired      702  38 

Records  of,  open  to  inspection   708  88 

Sinking  fund,   to  levy    779  60 

Schools,  authority  over 759  55 

fixes  terms   704  36 

may  discontinue,  when 704  36 

may  make  rules  and  regulations  for 697  34 

•  to  establish   692 

to  organize  on  petition,  when   703  36 

School  houses,  advertising  for  proposals  to  build 783  62 

may  permit  use  of,  when   700  35 

Tax,  amount  of  levy ' 699  35 

levied  when 699,  721  35,    43 

may  abate  699  35 

Taxes,  refunded  or  corrected,  when 720 

Teachers,  to  co-operate  with 697  34 

to  employ   695 

Text  books,  free,  may  furnish  863  81 


INDEX. 


169 


DISTRICT  SCHOOL  BOARD.— Continued. 

Treasurer,  settlement  with,  when  made 717  41 

Tuition,  may  charge  non-resident  pupils 696  34 

Vacancy  in  office  of  728  46 

Vacancy  in  office  of,  how  filled   728  46 

in  office  of  district  clerk,  fills   729  46 

.DISTRICT  TREASURER— 

Accounts,  form  for  keeping  717  41 

Action  against  on  bond  commenced  by  whom   (Note 

13,  p.   146.)    689  32 

Bond,  not  entitled  to  receive  money  when  not  filed..  714  40 

amount  of    684  31 

additional  when  required 685  31 

vacancy  in  office  when  failure  to  give  additional . .  685  31 

County  treasurer  acts,   when    684  31 

funds  not  payable  to,  when   718  42 

controlled  by    713  40 

Funds,  levied  by  board  of  arbitration,  receives   734  .       47 

Misdemeanor,  guilty  of  on  endorsement  and  payment 

of  warrants,    when    771  58 

Reports  published   686  32 

Salary  of    690  33 

Settlement  with,   when   made    .' 717  41 

Sinking  fund,  liability  removed  on  depositing  in  de- 
positories      779  60 

Vacancy  in  office  of,  how  filled  728  46 

Warrants,  register  of  endorsed  to,  keep   687  32 

endorsement  of  687  32 

ELECTION— 

Board  of  education  808,  858  69,   80 

notice   809,  810  69 

Bonds,  for  voting  (see  Bonds)    776  59 

Certificates  of  813  70 

Consolidation  of  schools,  to  vote  on  704  36 

County  superintendent  638  20 

Date  of  annual   674  29 

District  high  schools,  to  establish  706  37 

How   conducted    676  30 

Independent  district,   date  of    833  74 

for  organization   828  72 

officers  of,  compensation   833 

votes,  how  canvassed 833  74 

Library,  to  purchase 694 

Notice 674 

Notice  of  to  be  furnished  officer  677  30 

Oath 675  29 

Officers  of 672 

qualifications  of   672   * 

to  take  oath  811 

Penalty  for  making  false  return  766  57 

Petition  for,  to  establish  district  high  school  706  37 

Polling  places,  how  established   671 

Polls  open,  when 673 

Qualifications  of  voters 672 

•Superintendent  of  public  instruction 622  17 

.School  houses  and  sites  to  vote  on,  how  called,  can- 
vass   .  701,  703  35,    36 


170  INDEX. 


Section  Page 

ELECTION.— Continued. 

Special   districts,   bonds    816  70 

for  organization  of 789  64 

returns,  how  canvassed   812  69 

to  become  general,  when 807  68 

tie  vote,  procedure 676  30 

Votes,  how  canvassed    67(3  30 

Who  not  qualified  to  vote  for  county  superintendent.  .  638  20 

EMBEZZLEMENT— 

Officer,  when  guilty  of   769  57. 

EMINENT  DOMAIN— 

Right  of  (See  Property,  Real.) 
ENGLISH  LANGUAGE— 

Records  to  be  kept  in   709  39- 

ENUMERATION— 

(See  Census.) 
EX  AMI  NAT  I ON- 

Appeals  from  county  superintendent  in  marking  of 

papers 741  49 

Certificates  for,  when  held 740  49 

Questions  for  to  be  prepared  by  superintendent  of  pub- 
lic instruction  626  18 

(See  also  Certificates  and  Teachers.) 

EXPENSES— 

Superintendent  of  public  instruction,  how  paid  637  20 

EXPERIMENTAL  STATION— 
(See  Agricultural  College.) 

EXPULSION— 

Causes  for 697  34 

EQUALIZATION— 

(See  Board  of  Arbitration.) 

FACULTY— 

(See  Agricultural  College,  University  of  North  Da- 
kota, Etc.) 

FEES— 

Appeal  in  examination  papers  prescribed  for 741                    49 

Certificate,  county   743                    50 

professional  and  normal,  how  used   739 

County  superintendent,  member  board  of  appraisal  .  .  650 
County  treasurer   entitled   to   for  collection  of  funds 

from  sale  of  school  and  public  lands 210 

School  and  public  lands  leased,  to  be  paid 234b                  127 

FELONY— 

Officer  making  false  election  returns  guilty  of   766  5T 


INDEX. 


171 


FINES— 


Section  Page- 


Imposed  for  removing  furniture  from  school  house   .  .  700  35 
'(See  also  Penalty.) 

FLAG- 
TO  be  furnished  each  school  865  82 

Penalty  for  not  complying  with  law  regarding 865  82 

FORFEITURES— 
(See  Penalty.) 

FORM— 

County  auditor's  certificate  to  district  school  bonds..  778  59> 

District  treasurer's  accounts    717  41 

Election  board  of  education  810  69 

Endorsement  of  warrants   687  32 

Notice  of  tax  levy  , 721  43 

Notice  of  annual  election   674  29- 

Oath  for  election  officers 675  29 

FUNDS- 

Account  of,  how  kept  713,  845  40,   77 

Agricultural   college    939  9$ 

Bonds,  for  redemption  of,  when  transferred 827  72' 

Conductor   of  training  school  to   file  statement  with 

county  auditor 757  54 

County  treasurer,  to  pay,  when  718  42: 

Deaf  and  dumb  asylum 955  99 

Defined 712  40 

District  treasurer,  when  paid  to 718  42 

Drawing  from  county  treasury,  unlawfully  768  57 

How  paid  out  by  treasurer 686,  804,  845     32,  68,    77 

How  used 712  40 

Industrial   school    981,  983         107,    108 

Institute 646  22 

county  auditor's  duties 757  54 

county,  amount  arising  from  revenue  fund 757  54 

commissioners  may  appropriate  for   758  55 

duties  of  county  auditor  regarding  646,  755  22,    54 

fee  for  county  certificate  paid  into' 743  50 

how  expended    755,  757  54 

training  schools  may  be  used  for,  when 757  54 

what  constitutes   755,  757  54 

state,  appropriation  for   756  54 

Normal  schools    912  93 

School   and  institution,    board  university  and   school 

lands  may  invest   170,  172  109 

consists  of,  what 215  121 

county  auditor  to  report,  when 211  120 

county  treasurer  to  give  bond  for,  when : 209  120 

county  treasurer  to  verify  report  of  county  auditor.  211  120 

damages  for  trespass,  paid  into 232  126 

duties  of  state  treasurer   174,  175  -  111 

Sinking,  board  of  education  may  invest  820  71 

county  auditor  to  levy  tax,  when  781  62 

depositories  for,  how  designated 779  601 

interest   on    .                                               779  6O' 


172 


INDEX. 


FUNDS— 


Section 


Page 


Sinking,  levy  for   ; .  779,  819  60,    71 

842,   2488  76,    133 

State  lecturer,  appropriation  for  756  54 

Training  school,  fee  for  county  certificate  paid  into. . .  743  50 

Treasurer,  action  against  for  funds    770  58 

annual  statement  of,  to  publish  686  32 

Tuition,  county,  county  superintendent  apportions  . . .  715  41 

state,  apportionment  of,  when  made   716  41 

districts  not  entitled  to,  when  714  40 

enumeration  necessary  to  share  in  714,  843  40,    76 

how   raised    710  39 

superintendent      of     public     instruction     appor- 
tions    711,  714     .       39,    40 

University  of  North  Dakota 882  87 

Use  or  loan  of,  is  embezzlement   769  57 

•GENERAL  DISTRICTS— 

Account  with,  to  be  kept  by  county  treasurer 719  42 

Annexation  of  school  corporations    663  25 

Boundaries,  changed  on  petition    '.  .660,  667  24,    27 

established  when,  how  660,  677  24,    27 

not  changed  by  code    659  24 

rearranged  by  commissioners  660,  666  24,    26 

when  may  be  changed 667  27 

Civil  township  conforms  to  in  what  counties 659  24 

formed  into,  when  667  27 

may  consolidate  into,  when   664  25 

County  commissioners  to  annex  parts  of,  to  other  dis- 
tricts,  when 662,  663  25 

Contracts  let  on  proposals,  when   774 

legalized,  certain    6G',)a  28 

Corporation  distinct  from  civil  township    659  24 

Designated  how   (5(55  26 

District  high  school,  when  established  and  how  con- 
trolled     706  37 

Division  and  annexation  to  other  districts 662  25 

Election,  conduct  of,  and  canvass  of  votes   676  30 

certificates  of   677  30 

judges  and  clerks,  appointment  of (571  28 

chosen,  how    075  29 

list  of  persons  elected  sent  to  county  superintendent  (577  30 

notice  of  annual    674  29 

posted    671 

polling  places  to  be  designated    671 

polls  opened  when  673  29 

tie  vote,  procedure  676  30 

violation  of  law  relating  to,  penalty 766 

voters,   qualifications   of    072  29 

Funds  (See  Funds.) 

Furniture,   removal  of,  unlawful    700 

Indebtedness,  equalization  of  between  districts  731  46 

how  adjusted  when  no  legal  school  board  exists.  . . .  725  4.1 

taxes,  levy  to  pay  equalized  indebtedness   732  47 

limitation  of   1284 

maximum  levy,  to  pay  equalized 733 

proceeds  of  equalizing,  how  disposed  of  734  47 


INDEX. 


173- 


GENERAL  DISTRICTS.— Continued. 

Judgment,  tax  to  be  levied  to  pay 723  44 

May  become  part  of  special,  when 807  68 

Named  how  665  26 

New,  when  organized   661  25 

Numbers  of,  not  changed  by  code 665  26 

not  to  be  increased 667  27 

to  be  reduced   666  26 

Officers    (See    Officers,    Treasurer,    Directors,    District 
Clerk.) 

Organization  of    660  24 

irregularities  in,  legalized  669a  28 

requirements   for   661  25 

Plats  and  maps  of,  furnished  to  state  auditor   669  27 

Powers  as  a  corporation,  generally   668  •  27 

Pupils  admitted  from  other  districts    669  27 

enumeration    of,    annually    707  38 

new  district,  by  714  40 

School  township,  may  separate  from   660  24 

Territory  to  be  included  in  organization  of 660  .    24 

Tuition  funds,  entitled  to   715,  716  41 

enumeration  of  pupils  necessary  to  share  in 714  40 

not  entitled  to  receive,  when    714  40 

Warrants,  certain,  legalized  669a  28 

indorsed,    when    687  32 

specify,   what    668  27 

What  constitutes  in  civil  township    658  24 

(See  also  Bonds,  District  School  Board,  Officers.) 

GEOLOGICAL  SURVEY— 

(See  University.) 

GOVERNOR— 

Blind  children,  to  provide  care  and  instruction  for.  .  793a  104 

Board  of  university  and  school  lands,  member  of  ....  169  108 
Bond,   commissioner   of  university  and   school  lands, 

approves    170  109 

Member  high  school  board 867  83 

Normal  schools,  member  board  of  trustees 908  92 

Patents  to  issue  for  school  and  public  lands,  when  . . .  205  118 
School    and    public    lands,    reconveys    to    the    United 

States,  when   204  118 

Trustees   agricultural    college,    appoints    936  95 

blind  asylum,   appoints    968  102 

deaf  and   dumb  asylum,  appoints    952  98 

industrial  school,  appoints    976  104 

normal   schools,   appoints 909  92 

university  of  North  Dakota,  appoints  877  85 

Vacancy  in  office  of  superintendent  of  public  instruc- 
tion,   fills    726  45 

GRADES,  TEACHERS— 
(See  Certificates.) 

GRADUATES— 

(See  Agricultural  College,  University  of  North  Dakota. 
Etc.) 


174  INDEX. 


HIGH  SCHOOLS- 

Aid  for  not  paid  to,  when 870  83 

how  paid    870  83 

to  receive  for  three  years   872  84 

Appropriation  for  classified    870  83 

Board  of  education  establishes,  when 797  65 

Classification,  requirements   for    869  83 

District,   election  to  establish    706  37 

enumeration  requisite  to  establish  706  37 

how  established  and  maintained 706  37 

joint    706  37 

Pupils,  requirements  for  admission  to,  by  classified  . .  868  83 
Teachers  exempt  from  attending  institutes  and  train- 
ing schools 751  52 

HIGH  SCHOOL  BOARD— 

Aid,    prescribes    conditions    upon    which    granted    to 

schools    872  84 

Applications  for  classification  by  schools 870  83 

Appoints  inspector,  when   870  83 

Assistant  examiner,  appoints    872  84 

salary   of    872  84 

Discretionary  powers  of   872  84 

Expenses  of   871  84 

Members  of   867  83 

Records,  to  keep   8 1 3 

Report  to  make   873 

Schools,  classified,  visited  'by  member  of 870  83 

HOLIDAYS- 
HOW  counted  749  52 

Teacher  entitled  to  compensation  for   749  52 

What   are    5124,    5125         147,    148 

INDEPENDENT  DISTRICTS— 

Bonds,  issuance  of,  authorized  (see  Bonds.)    842  76 

Boundaries  of    831  73 

Cities  governed   by    828  72 

Debts,   assumed   by   new   district 855  80 

division  of,  when  special  district  abolished 862  81 

Elections,  date,  conduct  of,  canvass  of,  compensation 

of  officers   833  74 

Funds,  how  kept  and  paid  out  845 

when  paid  to  treasurer  843  76 

Organization   of   828  72 

election,  notice  of,  ballots,  etc 829,  830  73 

Organized  by  special  act,  abolished  when    860,  861            80,    81 

Ordinances  passed  by  city  council  for  care  of  prop- 
erty, etc 853  79 

Pupils,  non-resident,  may  be  admitted 848 

Property,  not  subject  to  liens  850 

real,    how   conveyed    851  79 

title,  vested   where    850  78 

Taxes,  amount  of,  limited    841  76 

collected  how 840 

levy  to  pay  bonds 842 

Treasurer,  bond  of   844 

city,  of,  is  treasurer  of 843 

reports  to  board,  contents   852  79 

Tuition   funds,   entitled  to    715,  716  41 

Water  closets  to  be  provided  874  85 

(See  also  Board  of  Education,  Bonds.) 


INDEX.  175 


INDUSTRIAL  SCHOOL- 

Board  of  trustees,  accounts,   audits    981  107 

appointment    976  104 

bond 978  105 

bonds,  may  issue   980  107 

compensation    977  105 

contracts,  members  not  to  be  interested  in 979  106 

donations,   received   by    981  107 

faculty,  appoints    982  108 

funds,    duties    983  108 

meetings    977  105 

oath    978  105 

officers    977  it)5 

powers    981  107 

reports    983  108 

superintendent  of  construction,  appoints   979  106 

Bonds,  interest  on,  how  paid   980  107 

Buildings,   construction    978  105 

cost  limited 978  105 

deed  filed,  where   979  106 

proposals  for   979  106 

site 979  106 

Endowment  of 975  104 

Faculty,    report   when    983  108 

Funds,  state  treasurer  keeps    981  107 

Location 974  104 

Management '. 976  104 

Objects    974  104 

Sinking  fund,   created  how    980  107 

INHABITANTS— 

District  may  be  formed  from  districts  containing  800, 

when    660  24 

(Note  7,  p.  144.) 

INSTITUTES— 

Attendance  of  superintendent  of  public  instruction . .  634  19 

Warrants  endorsed 687  32 

Conductor,   salary   of    757  54 

County  commissioners  may  aid   758  55 

County  superintendent  to  give  notice  of 751  52 

Superintendent    of    public    instruction    appoints    con- 
ductor     756  54 

(See  also  Teachers,  Funds,  Lecturer.) 

INTEREST— 

Warrants    endorsed 687  32 

(See  also  Funds  and  Taxes.) 

JUDGES— 

(See  Election.) 

JUDGMENT— 

Taxes  levied  to  pay 721,  723            43,    44 

LABOR— 

Child,  prohibited  when    762  56 


176  INDEX. 


Section  Page- 

LAND  GRANT— 

Agricultural  college    949  98 

Blind  asylum,  proceeds  of,  appropriated   •. .  971  10& 

Experimental  station    948  97 

Industrial  school    975  104 

Normal  school 906  92 

LAW— 

Department  of,  in  state  university 890  89 

Independent  districts  organized  under  special  law  not 

to  vote  for  county  sperintendent  638  20- 

Preserved  by  superintendent  of  public  instruction...  623  17 
Teachers  in  cities  organized  under  special  law  exempt 

from  holding  certificates  742  50 

Secretary  of  state  furnishes  copies  of,  to  university.  .  894  90 

LECTURER— 

Institute,  appointment  of   756  54 

LIBRARY— 

Appropriation  for  traveling,  establishment  of 625  18 

District,  list  of  books  for,  to  be  furnished  by  superin- 
tendent of  public   instruction    623  17 

Educational,    state    appropriation   for    866 

LIGNITE  COAL— 

Schools  to  use  (Note  30,  p.  149)   1030  149> 

MANUAL  TRAINING— 
(See  Industrial  School.) 

MAPS— 

District,  furnished  assessors    643  21 

To  be  filed  in  office  of  superintendent  of  public  in- 
struction        669  27 

MEETINGS— 

District  school  board,  regular  and  special 681,  717  31 

(See  also  Elections.) 

METEOROLOGICAL    STATISTICS— 

University    to   tabulate    900  90 

MILITARY  SCHOOL 885  87 

MISDEMEANOR— 

Compulsory    law,    etc 760,  762  56" 

Contracts,  letting  of  without  advertising 774  58 

Speculation  in  office   767  57 

Warrants,  indorsement  and  payment  of  unpaid,  when  771  58 
(See  Penalty.) 

MORALS— 

Instruction  in    754  53 


INDEX.  177 


MORTGAGES- 

Board  of  university  and  school  lands  may  loan  school 

funds    on    172  109> 

State  treasurer  custodian  of,  purchased  by  university 

and  school  lands 174  HI 

NARCOTICS— 
(See  Stimulants.) 

NORMAL    COLLEGE    885  8T 

(See  also  University.) 

NORMAL   SCHOOLS- 

Board  of  management    907,  908  92' 

(See  also   Board  of  Management.) 

Board  of  trustees,  appointment  of   .  . . 907,  909  92 

commissions    910  92 

compensation   911  93 

course  of  study  to  adopt    913  93 

faculty,  employs  and  fixes  salary  of 916  94 

how  constituted   908  92; 

meetings  of   911 '  93 

oath  of  office  909  92 

report,  to  make  to  governor  920  94 

secretary,   election  of   910  92 

salary   of    911  93 

term  of   909  92 

Buildings,    superintendent    of   construction    appointed 

by  board  of  management   914  93 

Certificates,  normal,  granted  to  graduates  of,  when.  .  738  48 
Course  of  study  prescribed  by  superintendent  of  pub- 
lic   instruction    627  18 

Diploma  from,  equivalent  to  first  grade  county  certi- 
ficate     738  48 

Endowment    906  92 

Faculty,  duties  of   917  94 

principal  of    918  .     94 

to  make  report  to  board  of  trustees  919  94 

Funds,  state  treasurer   to   keep   separate 912  93 

Graduates  of,  entitled  to  state  certificate,  when 922  95 

diplomas,    to    receive    921  95 

Location  of    905  92 

Maintenance    906  92 

Management    907  92 

Objects    913  93 

OATH— 

Administered    by    county    superintendent    in    certain 

cases   (Note  4,   p.  144.)    645  21 

County  superintendent  (Note  2,  p.  143)   343  143 

Director,  to  take 678  30 

Election  officers,  by  whom  administered  675,  811  29,    69 

Member  board  of  education  to  take   815  70 

Office,  where  filed 689 

Trustees  industrial   school    978  105 

Trustees  blind  asylum   969  103 

Treasurer  (Note  24,  p    147)   684,  805,  844    31,  08,    77 

OFFICE— 

(See  titles  pertaining  to  officers.) 


178  INDEX. 


Section  Page 

OFFICER— 

Board  of  education,  how  chosen 794  65 

County  superintendent  subject  to  removal,  when  ....  656  24 
District  treasurer,  misdemeanor  in  neglect  of  duty  as 

to  warrants,  when • 771  58 

District,  notice  of  election  to  be  furnished  677  30 

oath  to  take 678  30 

Embezzlement  of  funds  766  57 

Felony,  guilty  of,  when  766  57 

Meetings  with,  arranged  by  county  superintendent  ....  643  21 

Penalty  for  neglect  to  perform  duties  of  office 765  57 

Penalty  for  failure  to  enforce  compulsory  law 761  56 

Reports,  penalty  for  making  false 772  58 

School,  reports  of  where  filed  642  21 

Speculation,  penalty  for  in  office  767 

OFFICERS— 

Director,   election    670  28 

term   670  28 

District  clerk,  oath  where  filed  689  32 

(See  Clerk.) 

District  school  board 680  30 

oath  where  filed  689  32 

president,  duties  of '682  31 

election   of    680  30 

salary  of 681  31 

District  treasurer,  bond  of 684  31 

bond,  additional   685  31 

where   filed    689  32 

duties    686,  687  32 

Oath  for  election 675 

Treasurer,  election 670  28 

term     670  28 , 

ORAL  INSTRUCTION— 

Teacher  to  give  in  what  branches 750  52 

PATENTS— 

(See  School  and  Public  Lands.) 

(See  Board  of  University  and  School  Lands.) 

PENALTY— 

Board  of  appraisers  subject  to  for  false  report 383  112 

Certificate  revoked  when  teacher  neglects  instruction 

in  physiology,    etc 648 

Compulsory  attendance,  prosecutions,  how  brought. .  764 

violation  of  law  of  760,  761  56 

€ounty  superintendent,  removal  from  office,  when. . .  .  656  24 

Delinquent  taxes,  how  applied 720  43 

Election  returns  for  making  false  766 

Flag,  not  complying  with  law   865 

Member  board  of  education  refusing  to  qualify 854 

Money,  unlawful  drawing  of 768  57 

Officer  neglect  to  perform  duties  of  office 765  57 

Ordinances,  relative  to  school  property 853  79 

Persons  employing  child  labor 763 

Physiology  and  hygiene,  neglect  to  teach 648  22 

Reports,   for  making  false   306,  772  130,    58 


INDEX.  179 


PENALTY-Continued. 

School,  for  disturbing   773  53 

School  officers,  for  failure  to  provide  closets  and  privies  874  85 

School  and  public  lands — cutting  hay  before  July  1. ...  227  125 

cutting  or  removing  timber  from 225  124 

plowing  or  cultivating,  when  226  124 

trespass  upon  230,  231        125,    126 

Teachers'  meetings,  failure  to  attend 041  20 

PERMITS— 

County  superintendent  may  issue   741  49 

Limit  as  to  number  of 741  49 

(See  Certificates.) 

(See   Commissioner   University   and    School   Lands, 
School  and  Public  Lands.) 

PETITION— 

Additional  school  term,  for   705  37 

Bonds,  (see  also  Bonds.)    776  59 

County  commissioners,  may  detach  territory  from  spe- 
cial districts 786  63 

to  divide  district  on 663  25 

Districts,  boundaries  changed  on 667  27 

Election  to  change  special  district  . 807  68 

Election  to  organize  independent  district 828  72 

Not  applicable  to  organized  school,  when 703  36 

Organization  of  district,  for 660  24 

Special  district  to  organize   » 789  64 

Text  books,  to  furnish   864  82 

(See  also  Election,  School.) 

PLATS— 

County  auditor  to  furnish,  of  districts  669  27 

POLLING  PLACES— 

First   election,  how  established 674  29 

(See  Election.) 

PROPERTY— 

Exempt  from  execution,  lien  850  78 

Real,  amount  of,  district  may  hold 702  36 

for  what  used 702  36 

title  reverts,  when  702  36 

title  vested  in  independent  districts  851  79 

School  corporation  may  hold  or  use 668  27 

Special  districts  pledged  for  payment  of  bonds   822  72 

Title  to  may  be   acquired  by  proceeding   in  eminent 

domain    702  36 

PUPILS— 

Classes,  assignment  to  753 

Not  required  to  be  present  during  reading  of  bible.  . . .  754  53 

Suspension  and  expulsion  of   697,  752  34,    53 

797,  846  65,    77 

Transportation  of  arranged  for  704  36 

Tuition  may  be  charged  696,  848  34,    78 


180  INDEX. 


Section  Page 
QUALIFICATIONS— 

County    superintendent 635,  672            23,    29 

Officers    672                    29 

Superintendent  of  public   instruction 622                    17 

Teachers    742                    50 

QUORUM— 

(See  titles  pertaining  to  Institutions  and  Board.) 

RECORDS— 

Commissioner  university  and  school  lands,  to  keep  . .  182                  112 

To  be  kept  in  English  language  709                    39 

REGISTER— 

Teachers,  what  to  contain   748                    51 

REPORT— 

Biennial  of  superintendent  of  public  instruction. .  .635,  636                    19 

Board  of  education  to  make  to  county  superintendent  797                   65 

Boardof  trustees,  agricultural  college,  to  make 945                   97 

blind  asylum  to  make 973                  104 

deaf  and  dumb  asylum  to  make 966                  101 

university  to  make 903                    91 

what  to  contain 883                   87 

Commissioner  of  university  and  school  lands  to  make  182                  112 
County    superintendent,   what   to   contain   and   when 

made    : 649 

District  clerk  to  make 707 

District  treasurer's  published    686 

Faculty  agricultural  college  to  make 944                    97 

High  school  board  to  make  * 873 

Industrial  school,  board  of  trustees  to  make  983                  108 

faculty  to  make   983                  108 

Normal  schools,  faculty  to  make  919 

trustees  to  make   920                    94r 

School  officers,  were  filed    642 

Teachers  to  make   748                    51 

where  filed    642                    21 

Treasurer,  independent  district  to  make   852 

Treasurer's  publication  of    717                   41 

RESIDENCE- 

Certificate,  to  obtain 742                    50 

RULES— 

Examination,  prescribed  by  superintendent  of  public 

instruction,   for    626                    18 

SALARY— 

Commissioner  of  university  and  school  lands   180                  112 

District  treasurer    690 

County  superintendent  652 

how  determined   652 

not  paid  when    649 

Deputy    county    superintendent    652 

Officers  of  district  school  board   681                    31 

Superintendent  of  .public  instruction  637 

Teachers,  ceases  on  discontinuance  of  school  704                    36 

how  graded    695 

last  month's  not  paid  when   748                    51 


INDEX.      ,   .  181 


SALES-  P?6 
(See  Commissioner  of  University  and  School  Lands. 
School  and  Public  Lands,  Board  of  University  and 
School  Lands.) 

SCHOOL  AND  PUBLIC  LANDS— 
Abstracts   and   conveyances   of  title  to   be   deposited 

with  commissioner  of    214  121 

Appraisal    183  112 

equalization    of    218  122 

for  leases    218  122 

new,  when  made    195  116 

returns  of    218  122 

value   of   pasturage    208  119 

Appraisers,  who  are  members  of 183,  650          112,    24 

Assignee  of  purchaser,  rights  of  198  117 

Attorney  general,  duty  regarding  actions,  etc 233  126 

Coal  lands  cannot  be  sold   216  '  121 

Commissioner  of  university  and  school  lands,  duties 

regarding    182  112 

Contracts,    divided    when    199  117 

execution   of    191  115 

fees  for  issuance  of  new,  divided   199  117 

new  may  be  issued,  when  199  117 

new  not  to  issue,  when 199  117 

payments  on  to  county  treasurer    208  119 

surrender  of ,  199  117 

Controlled  by  board  of  university  and  school  lands..  170  109 

County  auditor,  clerk  of  sale   190  .     115 

duties  and  compensation  for  leasings 221  123 

to  forward  receipts  to  state  auditor  of  collections . .  211  120 
County   treasurer,   bond  to   give   for  funds   collected 

from  sale  of  209  120 

fees  entitled  to,   for  collection    210  120 

remits  collections,  when   208  119 

permits  to  cut  hay  or  remove  down  timber,  sells.  .  228  125 

Damages,  recovery  for,  how  disposed  of   232  126 

Examination  of,  by  assessors,  and  fees  for  213  121 

Fee  remains  in  state  until  contract  performed 202  118 

Hay  not  to  be  cut  from  before  July  1 227  125 

Lease,   adjournment  of    218,  223         122,    123 

advertisement  for   220  123 

approval  of,  by  board  of  university  and  school  lands  224  124 

contracts    for    . 224  124 

cancellation  of,  for  cultivated   21 7a  121 

cultivated   lands   217,  217a  121 

expenses  how  paid    234  126 

fees  for  service    234b  127 

lees  paid  to  county  treasurer   234b  127 

forfeited    when    225,   226,  227         124,    125 

how    made     221  123 

lands  subject  to    217  121 

made  by  whom    221 

payments    on    222  124 

selection    for    219 

term  of    217,  2l7a 

when  forfeited    201  117 

when  may  be  made  without  advertising   224 

Lists  sold  to  be  furnished  county  treasurer 212 

Map  of  small  parcels  recorded  196 

Notice  to  purchaser  when   contract  void 200  117 

Patents,  record  of   206  119 


182  INDEX. 


SOHOOL  AND  PUBLIC  LANDS.— Continued. 

Patents  for,  when  and  how  issued   205  118 

Permits    may    be    sold    to    cut    hay    or    remove  down 

timber    228  125 

Purchaser,  rights  of  under  contract   107  116 

Quantities  to  be  sold   210  121 

Reconveyance  to  the  United   States   204  118 

Recovery  of  possession  by  state  203  118 

Redemption  from  forfeited  contracts   201  11T 

Resale  of    187,  201         114,    117 

Sale,  adjournment  of 184,  188         113,    114 

confirmation I'M)  115 

contracts,  voidable   when    200  117 

county  auditor,  clerk  of   190  115 

expense  of,  how  paid   234  126 

funds  from,  what  go  into  general  or  current  fund.  .  215  121 

lots    ' 195  116 

manner    of    180  114 

principal  from,   held    inviolate    215  121 

publication  of  notice  of    185  113 

terms    of 187  114 

void,   when    192  1 10 

Seizure  and  sale,  property  unlawfully  severed,  when.  231  126 

terms    187  114 

withdrawal  of  lands  from    189  115 

Subdivided  into  lemall  parcels,  when   194  116 

Surveys  of,  expenses  of,  how  paid 193,  194,  195  116 

Taxation  of,  after  sale  207  119 

Tax  sale,  purchaser  acquires   what  rights  by   certifi- 
cate  of    207  119 

Timber,  lessee  not  to  cut  or  remove  lumber  from ....  225  124 

Title  in  state  until  contract  performed 202  118 

Trespass,  civil  action  for   229  125 

damages  for,  paid  to  state  treasurer  for  general  fund  232  126 

penalty  for    230,  231         125,    126 

state's   attorney   to   prosecute   when 233  120 

what  is  willful   230  125 

Trespassers  on  when  terms  of  contract  not  complied 

with    202  118 

Uncultivated,   penalty  for  plowing  or  cultivating....  220 

lessee  not  to  plow  or  cultivate   220  124 

(See  also  Board  of  University  and  School  Lands, 
Commissioner  of  University  and  School  Lands, 
Funds.) 

SCHOOLS— 

Alcoholic  drinks,  instruction  as  to  effects  of (548  22 

Bible,  not  sectarian  book   754  53 

Branches   of  study,  additional  determined  by  county 

superintendent  and  district  school  board 098  35 

in  schools  classified  by  high  school  board  8(58,  809 

in    special    districts     750,797  52,    65 

list  of,   to  be  taught    750  52 

Child  labor  prohibited  during  school  hours 702,  704             50,    57 

Classification  as  high  school,  requisites  for    809 

Consolidation    of    704  36 

Course  of  study  prescribed  by  superintendent  of  public 

instruction    for    027  18 

Discontinued   when    704  36- 


INDEX.  183 


SCHOOLS.— Continued. 

Disturbance  of,  penalty  for   773                    58 

District  high  school,  how  established  and  controlled.  706                    37 

District   school   board   to   establish 692                    33 

District  school  board  may  discontinue 692                    33 

English  language  to  be  taught  exclusively 709                    39 

Free  text  books  may  be  furnished  for,  and  how. . .  .863,  864  81,    82 

Health  and  decency,  regulations  for   874                    85 

High  schools,  what  may  be  classified  as  868                    83 

Holidays,  what  are    (Note  27,   p.   147) 5124,  5125                  147 

Holidays  and  Sundays,   not  taught   on 749                    52 

Libraries,  lists  of  books  furnished  by  superintendent 

of  public  instruction    625                    18 

circulating,  provided  how  625                    18 

Lignite  coal,  to  use   (Note  30,  p.  149)    1030                  149 

Notice  of  commencing,  given  by  teacher   746                    51 

Organized   on  petition,   when    703                    36 

Petition  to  organize,  when  not  applicable   703                    36 

Physical  education  to  be  taught  in   754a                    53 

Supervision  over  by  superintendent  of  public  instruc- 
tion      623                    17 

Supplies    to   be   furnished   for,    by   superintendent    of 

public  instruction    ('525                    18 

Teacher  not  entitled  to  compensation  for  teaching  on 

legal  holidays  or   Saturday    749 

Visitation  of,  by  county  superintendent   640                    20 

Water  closets  to  be  provided  for    874 

Who  may  attend   759                    55 

SCHOOL   CORPORATION— 

Authority    of    668                    27 

Territory  that  may  be  organized  into 660                    24 

(See  also  Districts.) 

SCHOOL  FOR  DEAF— 

Children  required  to  attend   759                    55 

(See  also  Deaf  and  Dumb  Asylum.) 

SCHOOL    HOUSE— 

District  school  board  may  allow  use  of,  when 700                    35 

Election   to    establish    site    for    701,703  35,    36 

Penalty  for  removing  furniture  from,  a  misdemeanor  700 

Proposals  to  build,  advertisement  for 783                    62 

Sites,  board  of  education  may  obtain   797,  S4<J  65,    77 

obtained  by  district  school  board,  when 703                    36 

title  to  how  acquired    702                    36 

SCHOOL  LAW— 

To  be  provided  by  superintendent  of  public  instruc- 
tion      631                    19 

(See  also  Law.) 

SCHOOL  OF   MINES 885                     87 

SCHOOL  MONTH— 

Defined    .                          749                    52 


184  INDEX. 


Section  Page 
SCHOOL  TERM— 

Increased  on  petition    705                    37 

Length  of,  and  how  fixed   704                    36 

Maximum  length  of   705                    37 

Special    district,    maximum 797'                  Go 

SCHOOL    TOWNSHIP    G58,  659                     24 

SCHOOL  WEEK— 

Defined    749                    52 

SCHOOL    YEAR— 

When   closes 749                    52 

SEAL— 

Board    of    education    787,838  63,    75 

County   superintendent    642                    21 

Superintendent  of  public  instruction   633                    19 

SECRETARY  BOARD  OF  EDUCATION— 

(See  Board  of  Education,  Independent  Districts.) 
SECRETARY  OF  STATE— 

Board  of  university  and  school  lands,  member  of...  169                  108 
Bond,     commissioner    university    and    school    lands, 

records 170                  109 

Laws   and  supreme   court  reports,    furnishes   univer- 
sity     894,  895                    90 

SINKING  FUND— 

(See  Funds.) 
SITES— 

(See  School  Houses.)  , 

SPECIAL  DISTRICTS— 

Adjacent  territory,   how  attached    786                    63 

Board  of  arbitration    807                    68 

Bonds.     (See  Bonds,  Special  District.) 

•Cities  governed  by  law  relating  to 785                    63 

Debt  limit   818                    71 

Election,  board  of  education,  time  notice,  etc 808,  810                    69 

officers    811                    69 

voting  precincts,  how  designated  811 

returns,  how  canvassed   81 2                    69 

certificates    813                    70 

to  become   general    district 807                    68 

Equalization  debts  and  property 806                    68 

High   school   established,    when    797                    65 

Name 787                    63 

Organization     789  64 

Powers  of    787                    63 

Property,   conveyance  of,  made    788                    64 

Records  open  to  inspection 796 

Schools,  open  to  whom    797                     65 

length    of   terms    797                    65 

Tax  levy    801,  819            67,    71 


UNIVERSITY 
.O>,.     OP 


INDEX.  185 


SPECIAL  DISTRICTS.— Continued. 

Taxes,  payable  to  treasurer  800  67 

levy  certified  to  county  auditor  801  67 

property  subject  to  800  67 

Treasurer,  bond  805  68 

custodian  of  funds 798  67 

duties  804  68 

who  is  , 803  67 

Tuition   funds,   entitled   to    715,716  41 

STATE  AUDITOR— 

Deaf  and  dumb  school  certificates,  issues  when 966d  102 

Board  of  university  and  school  lands,  member  of....  169  108 

School  funds,  authority  to  draw  warrants  on 176  111 

Tuition  fund,  state,  duties  as  to 711  39 

reports  to  superintendent  of  public  instruction  ....  711  39 

Warrants,  industrial  school,  draws    977  105 

to  draw  for  salary  of  institute  and  training  schools 

conductor     757  54 

STATE  BOARD  OF  EQUALIZATION— 

University,  levies  tax  for  904b  91 

STATE  TREASURER— 

Bond,   commissioner   of  university  and   school  lands 

filed  with   170  109 

Bonds,  purchased  by  board  of  university  and  school 

lands,  custodian  of   174  111 

Funds,  permanent  school  and  institution  collects....  175  111 

permanent  school  keeps    174  111 

Report  to  board  of  university  and  school  lands  175  111 

STATE  UNIVERSITY— 

(See  University.) 

(See  also  Branches  of  Study.) 

STIMULANTS    648,  750,   751  22,    52 

STIMULANTS- 
STUDIES— 

Assignment    of    753  53 

SUPERINTENDENT— 

Board  of  education,  may  employ   797  65 

Schools,  supervision  of    799  67 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Appeals  from  county  superintendents,  decided  by  ....  629 

forms  for  prescribed  by 629  18 

from  county  superintendents  on  examination  papers  741  49 

general  authority  of 629 

Apportions  state  tuition  fund  711,  714  39,    40 

Board  of  university  and  school  lands,  member  of 624  18 

secretary  of   169  108 

Census,  prescribes  forms  for 707 

Certificates,  authority  to  revoke  739 

normal,  issued  by   738 

prepares  questions  for  examination  for 736 

professional,  issued   by    737  48 


186  INDEX. 


SUPERINTENDENT    OF   PUBLIC    INSTRUCTION.— Continued. 

County  institute  fund,  may  require  statement  of 758  55 

County  superintendent,  advised  and  counseled  by  ....  029  18 

to  meet  with   632  1& 

to  report  to   049  22 

to  report  county  institutes  to 755  54 

Courses  of  study  prescribed  by   627  18 

Deputy,  appointment  of  (Note  31)   370  149 

secretary  of  board  of  university  and  school  lands, 

when 109  108 

District  libraries,  furnishes  list  of  books  for   025  18 

Duties  generally  634  19 

Election  of 022  17 

Endorses  diplomas  of  graduates  of  university,  when .  .  889  89 

Expense,  traveling 037  2Q 

Institute  conductors,  appointment  of 756  54 

lecturer,  appointment  of 756  54 

Institutes  and  training  schools,  prescribes  rules  for. .  028  18 

Library,  state,  keeps  806  82 

Normal  schools,  member  board  of  trustees  908  92 

president  of  board  of  trustees 908  92, 

Office  of  where  held 022  17 

Percentage  required  to  issue  county  certificates,  pre- 
scribes     741  49 

Qualifications  of  022  17 

Questions  for  teachers'  examination,  prepared  by  ....  020  18 

Record,  official  acts  kept  by  030  19 

Report,  what  to  contain 035  19 

when  made   035  19 

Salary  of    037  20 

Schools,   supervision  of 024  18 

School  law,  duty  to  cause  printing  and  distribution  of.  031  19 

opinions  on,  to  give   , . .  . .  029  18 

Seal  of  office  to  be  kept  033  19 

State  high  school  board  807  83 

Supplies  furnished  by 025  18' 

Teachers,  examination  by  020  18 

institutes,  to  attend  and  assist  at   034  19' 

reading  circle,  prescribes  course  of  study  for 028  18 

Term  of  office 022  17 

Vacancy  in  office  of,  how  filled    720  45 

Text  books,  publishers  must  file  samples  and  prices.  .  803  81 

to  furnish  certified  copy  of  prices 803 

To  preserve  books,  maps,  etc 023 

Traveling  library,  to  approve  bills  for 025  18 

to  be  established  by .' 625  18 

SUPPLIES— 

Furnished  by  superintendent  of  public  instruction.  .  (525  18 
SUPREME  COURT  REPORTS— 

Secretary  of  state  furnishes  for  university 894  90 

SUSPENSION— 

Causes  for,   notice  of,  and  time 097,  752  34,    53 

TAXES— 

Board  of  adjusters  levies,  when  723  44 

Board  of  arbitration  levies  732,  733  47 

Board  of  education  levy  to  pay  bonds 801,  819  67,    71 

839,  842  75,    7ft 


INDEX. 


187 


TAXES.-Continued. 

Collected,  how  and  when 720  43 

Collection  of  in  independent  district 840  75 

County  auditor  to  extend  levy  for  judgments  on  tax 

lists 723  44 

County  tuition  fund  722  44 

Delinquent  prior  to  1899,  how  apportioned  722  44 

District  school  board  to  levy  099  35 

Independent  district,  amount  of  levy  841  76 

Judgment,  tax  to  be  levied  to  pay  723,  726  44,  45 

Levied  by  district  board,  when  721  '  43. 

Levy,  for  all  purposes  of  equalization,  maximum  ....  735  47 

for  sinking  fund  779,  819  60,  71 

842,  2488  76,  133 

to  be  certified  by  district  clerk  699  35 

to  pay  final  judgment  723  44 

Notice  of  levy,  form  of  721  43 

Poll,  levy  and  apportionment  of  722  44 

Rate  of  levy 721  43. 

Special  districts  800,  801  67 

Uniform 723  44 

TEACHERS— 

Branches  to  teach 750  52 

Certificates,  applicants  for,  examined  by  county  super- 
intendents      740  49 

examination  for    736  48 

fees    for    examination    739,  743  49,    50 

grades 741  49 

certificate  must  hold,  except  ir.  cities  organized  un- 
der special  laws   742  50 

in  special  district 797  65 

normal,   qualifications    requisite    738  48 

of,  revoked  for  cause   744  51 

or  permit  must  hold   695  34 

proceedings  to  revoke  745  51 

professional,  qualifications  requisite   737  48 

requisites    741  49 

revocation  for  failure  to  give  certain  instruction.  . .  .  648  22 

revocation  of  terminates  contract    744  21 

Compensation,  not  entitled  to,  when   747  51 

Contracts,  to  teach,  void  if  not  qualified   742  50 

District  school  board  may  dismiss  when  not  holding.  .  695  34 

Duties  of   746,  747,  748,  750  51,    52 

Holiday,  entitled  to  compensation  for   749  52 

How  grades  of,  established    741  4& 

Institutes    and    training    schools,    attendance    at,    re- 
quired      7.11  52 

penalty  for  failure  to  attend    751  52 

who  exempt   751  52 

Meetings  of,  penalty  for  failure  to  attend 641  20 

to  be  held  for  by  county  superintendent 641 

when  excused  from  attending  641  20 

Permits  to  teach,  when  may  be  granted  (Note  18,  p. 

146.)    '741  49 

Pupils,    suspension  for   cause    752  53 

Qualifications  of   742  50- 

Report  to  make  in  duplicate  to  county  superintendent  748  51 

Register,  to  keep   748  51 

what  to  contain  748  51 


188  INDEX. 


Section  Page 

TEACHERS.— Continued. 

Salary  ceases  on  discontinuance  of  school  704  36 

Salaries,  how  graded  695  34 

School,  not  to  teach  on  legal  holiday  or  Saturday  ....  749  52 
to  give  notice  of  beginning  and  closing  to  county 

superintendent    746  51 

Who  not  eligible  in  certain  cities 859  80 

TEACHER'S  READING  CIRCLE— 

Fees,  collected  for  professional  and  normal  certificates     739  49 

TERM— 

Office  of  county  superintendent  638  20 

Office  of  superintendent  of  public  instruction  622  17 

Special    district,    maximum    797  65 

(See  Schools,  Officers,  Etc.) 

TERRITORY— 

District,  extent  of,  to  form    661  25 

School  corporation,  that  may  be  organized  into  (Note 

7,  p.  144.)    660  24 

TEXT  BOOKS— 

Boards  of  education  may  furnish * 863  81 

Contracts  for    863 

District  school  board  may  furnish  free 863  81 

How  paid  for    864  82 

May  be  loaned,  or  sold  at  cost 863  81 

Petition  to  furnish  free   864 

Publisher  must  file  samples  and  prices  with  superin- 
tendent of  public  instruction  863  81 

TITLE— 

Real  property,  to,  how  acquired  702  36 

(See  Schools  and  Public  Lands.) 

TOWNSHIP— 

Civil,  may  be  organized  into  school  district  (Note  7, 

p.  144.)   660 

Congressional  to  be  organized  into  district,  when 667 

Consolidation  of  civil  into  district,  when 664  25 

TRAINING  SCHOOLS— 

County  superintendent  to  give  notice  of  751 

(See  Teachers,  Institutes,  Etc.) 

TRAINING  SCHOOL  FUND— 

(See  Fund.) 
TREASURER— 

Agricultural   college,   bond    9bi,  950  95,    98 

not  to  be  a  member  of  the  board 937 

Board  of  education,  treasurer  of  city 803  67 

Independent  districts,  funds,  how  kept  and  paid  out. .  845  77 

reports   852  79 

Reports,  made  how  and  when  717 

to  be  'published    717 

to  show  what   717  41 


INDEX. 


189' 


TREASURER.-Continued. 

Special  districts  798  67 

bond  of  805  68 

duties  as  to  interest  coupons  821  72 

duties  of  804  68 

office  vacant,  when 805  68- 

vacancy  in  office,  how  filled 805  68 

To  receipt  for  vouchers  717  41 

TRUSTEES— 

(See  Board  of  Trustees.) 
TUITION— 

District  school  board,  may  charge  non-resident  pupils  696  34 

not  to  charge  when 696  34 

non-resident  deaf  and  dumb  children   959  99 

TUITION  FUND— 

Apportionment  of 647  22 

County,  how  and  when  apportioned   722  44 

tax  levy  for    722  44 

Districts  entitled  to  715,  716  41 

How  paid  to  counties 711  39 

Special,  transferred  to  state,  when 712  40 

what  constitutes  712  40 

State,  apportionment  by  county  superintendent,  when  715  41 

apportionment  of   710,  711  39 

collection  of    710  39 

district  not  entitled  to,  when   714  40 

purposes  to  be  used   712  40 

state  auditor  reports  amount,  when 711  39 

special  fund  transferred  to  712  40 

unused,  reverts  to  state  treasury  when  711  39 

what    constitutes     710,  712            39,    40 

Treasurers  to  keep  separate  account  of 711  39' 

(See  also  Funds.) 

UNIVERSITY— 

Appropriation  for   904b  91 

Board  of  trustees,  compensation  of 891  89 

college  may  make  part  of 882  87 

faculty,  elects   881  86 

salary,  fixes   893  89 

finances,   control  of    882  87 

geological  map  to  be,  caused  to  be  made 902  91 

geological  survey,  extent  of  898,  899  90 

how  appointed    876,  877  85 

meetings   879,880  86' 

meteorological  statistics  to  tabulate   900  90 

officers    878,  879  86" 

powers  of  878 

quorum    879  86 

reports  to  make  883  87 

annual,  and  what  to  contain   883,  903            87,    91 

rules   and  bylaws    ' 892 

specimens  to  collect  901  90 

Certificates,  professional,  granted  to  graduates,  when  737 

Certificates,  normal,  granted  to  graduates,  when   ....  7S8  48 


190  INDEX. 


Section  Page 

UNIVERSITY.— Continued. 

Departments  of  885,  890  87,    89 

Faculty,  powers  and  duties  of 884  87 

Graduates  entitled  to  endorsement  of  diploma  889  89 

Location  of    875  S5 

Muskets  furnished  by  adjutant  general   896  90 

to  be  returned  when  called  for 897  90 

Normal  department,  diploma  from,  equivalent  to  first 

grade   county    certificate    738  48 

special  agreement  to  enter  Sirj  89 

Object  of    885  87 

Scandinavian  language  to  be  taught .  887  88 

Secretary  of  state  furnishes  laws  and  supreme  court 

reports   894  90 

Students,  who  may  become   888  88 

Tuition,  free  to  whom   890  89 

UNORGANIZED  TERRITORY— 

Pupils  residing  in,  when  not  to  be  charged  tuition   .  .  696  34 

UNORGANIZED    TOWNSHIP— (Civil.)    (59r,  24 

VACANCY— 

Appointments  to  fill  for,  how  long  valid 726,  727,  728  45,    46 

County  superintendent,  office  of,  how  filled 727  46 

District  treasurer,  office   how  filled    728  46 

How  caused   730  46 

(Note  3,  p.  143.) 

Office,  board  of  education,  how  filled 814,  834  70,    74 

director,  how  filled    728  46 

district  clerk,   how   filled    729  46 

district  treasurer,  on  failure  to  give  additional  bond  685 

superintendent  of  public  instruction,  how  filled....  726  45 

VALUATION— 

Assessors  to  furnish  district  clerk,  when : 724  45 

Amount  necessary  to  form  new  district 660,  661  24,    25 

VOTING— 

(See  Election.) 

WAGES— 

(See  Salary,  Teachers.) 

WARRANTS— 

Certain,   legalized    r.6i>a 

District  treasurer    when  to  endorse   687 

Endorsed,  when  to  pay   687 

Fund  on  which  drawn,  designated  688 

Interest  on  endorsed    687 

Misdemeanor,  endorsement  and  payment  of,  when...  771 

Received  for  collection  of  taxes   719 

Specify   what    CG8  '-27 

When    drawn    688 

1VOMEN— 

Eligibility  to  office (572  29 


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